Matter of Roethel v Comacho
Motion No: 2007-01519
Slip Opinion No: 2007 NYSlipOp 64346(U)
Decided on March 2, 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

M51565

S/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-01519

In the Matter of David Roethel, respondent,

v Tina Comacho, appellant.

(Docket No. F-02809-96)

DECISION & ORDER ON MOTION

Appeal by Tina Comacho from an order of the Family Court, Suffolk County, dated May 19, 2005. The order indicates the it was mailed to the parties on May 19, 2005.

On the court's own motion, it is

ORDERED that the parties or their attorneys show cause before this court why the appeal should or should not be dismissed on the ground that the notice of appeal is untimely (see Family Ct Act § 1113), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 30, 2007; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

PRUDENTI, P.J., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court