Matter of Fabisenski v LaMazza
Motion No: 2006-08892
Slip Opinion No: 2007 NYSlipOp 61466(U)
Decided on January 22, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49577

M/mv

WILLIAM F. MASTRO, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-08892

In the Matter of Renee Fabisenski, respondent,

v Lindy John LaMazza, appellant.

(Docket No. F-1939/06)

DECISION & ORDER ON MOTION

Appeal by Lindy John LaMazza from an order of the Family Court, Richmond County, dated July 28, 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 October 5, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

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 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 the appellant's brief on the appeal is enlarged until March 30, 2007.

MASTRO, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court