Appellate Division: Second Judicial Department

M57080

M/cb

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-02956 Roselyn Mochon, respondent-appellant, v Joseph Mochon, appellant-respondent. (Index No. 4388/04)

DECISION & ORDER ON MOTION

Appeal by Joseph Mochon and cross appeal by Roselyn Mochon from a judgment of the Supreme Court, Kings County, dated February 21, 2007. By order to show cause dated May 31, 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 appeal 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 the time of the appellant-respondent to perfect the appeal by causing the original papers constituting the record on the appeal and the cross 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-respondent's brief on the appeal is enlarged until August 31, 2007.

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

ENTER:

James Edward Pelzer

Clerk of the Court