| Matter of Roethel v Comacho |
| Motion No: 2007-01519 |
| Slip Opinion No: 2007 NYSlipOp 67791(U) |
| Decided on April 19, 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. |
Appellate Division: Second Judicial Department
M53529
E/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
DANIEL D. ANGIOLILLO
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. By order to show cause dated March 2, 2007, the parties or their attorneys were directed to 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).
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the matter is remitted to the Family Court, Suffolk County, to hear and report on the issue of if or when the appellant, or her attorney, received a copy of the order dated May 19, 2005, and the motion to dismiss the appeal is held in abeyance in the interim. The Family Court shall file its report with all convenient speed.
SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court