Appellate Division: Second Judicial Department

M49213

E/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-08053 Howard J. Tucker, appellant, v Evelyn Tucker, respondent. (Index No. 25521-96)

DECISION & ORDER ON MOTION

Appeal by Howard J. Tucker from an order of the Supreme Court, Suffolk County, dated July 17, 2006. By order to show cause dated November 27, 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 a scheduling order dated September 28, 2006, issued pursuant to 22 NYCRR 670.4(a)(2), which directed him, within 30 days from the date thereof, to file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there were no minutes in the Supreme Court action to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript had been received, and indicating the date that it was received; or

(3) if the transcript had not been received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant did not comply with the scheduling order dated September 28, 2006. Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that the appellant's time to perfect the appeal by serving and filing the record or appendix and brief on the appeal is enlarged until February 7, 2007.

RIVERA, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court