Appellate Division: Second Judicial Department

M57073

M/cb

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-02589 In the Matter of Clyde Thomas, appellant, v Elaine Duncan Thomas, respondent. (Docket No. F-10291/06)

DECISION & ORDER ON MOTION

Appeal by Clyde Thomas from an order of the Family Court, Kings County, dated January 24, 2007. By order to show cause dated June 18, 2007, the parties or their attorneys were directed to show cause 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 May 9, 2007, issued pursuant to 22 NYCRR 670.4(a)(2). By letter dated June 26, 2007, the appellant informed the court that the transcripts have been ordered.

Now on the court's own motion, and the paper filed in opposition or relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the 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's brief on the appeal is enlarged until September 17, 2007.

MILLER, J.P., SCHMIDT, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court