Abbott, n/k/a Brennan v Abbott
Motion No: 2006-10213
Slip Opinion No: 2007 NYSlipOp 62118(U)
Decided on January 30, 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

M50069

M/mv

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-10213

Barbara Grace Abbott, n/k/a Barbara Grace

Brennan, respondent, v Gary Stephen Abbott,

appellant.

(Index No. 27807/98)

DECISION & ORDER ON MOTION

Appeal by Gary Stephen Abbott from an order of the Supreme Court, Nassau County, dated September 25, 2006. By order to show cause dated December 22, 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 November 8, 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 comply with the scheduling order dated November 8, 2006, is enlarged until February 28, 2007.

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

ENTER:

James Edward Pelzer

Clerk of the Court