Appellate Division: Second Judicial Department

M58069

M/cb

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03531 Claudia Ponti, appellant-respondent, v Michael H. Ponti, respondent-appellant. (Index No. 17475/04)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 23, 2007. By order to show cause dated June 29, 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 by Claudia Ponti in the above-entitled proceeding for failure to comply with a scheduling order dated April 30, 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and no papers having been the papers filed in opposition or relation thereto, it is

ORDERED that the appeal by Claudia Ponti is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated April 30, 2007, issued pursuant to 22 NYCRR 670.4(a)(2); and it if further,

ORDERED that the Michael H. Ponti's time to perfect his appeal is enlarged until September 28, 2007, and the record or appendix or the appeal and the brief of Michael H. Ponti shall be served and filed on or before that date.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court