Appellate Division: Second Judicial Department

M49251

E/sl

HOWARD MILLER, J.P.

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-04632 In the Matter of Stephanie McCaskill, respondent, v Sean Hawkins, appellant. (Docket No. F-1858/93)

DECISION & ORDER ON MOTION

Appeal by Sean Hawkins from an order of the Family Court, Queens County, dated April 5, 2006. By order to show cause dated November 3, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 25, 2006. Motion by the appellant for leave to reargue those branches of his prior motion which were for a free transcript, waiver of the filing fee, and the assignment of counsel, which were determined by decision and order on motion of this court dated September 12, 2006.

Upon the order to show cause, the papers filed in support of the motion, and no papers having been filed in opposition or relation to the motion, it is

ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 12, 2007.

MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court