Appellate Division: Second Judicial Department

M56626

S/mv

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-02886, 2007-02887 In the Matter of Andrzej Tercjak, respondent, v Jadwiga Tercjak, appellant; Peter C. Lomtevas, Esq., P.C., nonparty-appellant. (Docket Nos. V-9027/05, V-9028/05)

DECISION & ORDER ON MOTION

Separate appeals by Jadwiga Tercjak and Peter C. Lomtevas, Esq., P.C., from the report of a referee and an order of the Family Court, Queens County, dated March 8, 2007, and March 16, 2007, respectively. By order to show cause dated May 30, 2007, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated April 16, 2007, 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 on the court's own motion, the appeals from the report of a referee dated March 8, 2007 (Appellate Division Docket No. 2007-02886) are dismissed, without costs or disbursements, as the report is not appealable (see Family Ct Act § 1112); and it is further,

ORDERED that the time of the appellants to perfect their appeals from the order dated March 16, 2007 ( Appellate Division Docket No. 2007-02887), which recites that the parties waived a hearing on the determination of the motions which resulted in the order, by causing the original motion papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing their brief on the appeals is enlarged until August 3, 2007; and it is further,

ORDERED that no further enlargement of time shall be granted.

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court