| Matter of Simmons v Simmons |
| Motion No: 2006-11110 |
| Slip Opinion No: 2007 NYSlipOp 77976(U) |
| Decided on September 13, 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
M59580
E/sl
STEPHEN G. CRANE, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
RUTH C. BALKIN, JJ.
|
2006-11110 In the Matter of Tracy S. Simmons, appellant, v Jeff A. Simmons, respondent. (Docket No. F-01852-06)
| DECISION & ORDER ON MOTION |
Appeal by Tracy S. Simmons from an order of the Family Court, Nassau County, dated October 12, 2006. The transcripts were received by the appellant on or about April 24, 2007, and pursuant to the scheduling order of this court dated December 15, 2006, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. By order to show cause dated August 13, 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 the scheduling order dated December 15, 2006. Motion by the appellant pro se to enlarge the time to perfect the appeal and to waive the filing fee.
Upon the papers filed in support of the motion to dismiss the appeal and the motion to enlarge the time to perfect the appeal and to waive the filing fee, the papers filed in opposition and relation to the motion to dismiss the appeal, and the papers filed in opposition to the motion to waive the filing fee and to enlarge the time to perfect the appeal, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to waive the filing fee is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, 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 her brief on the appeal is enlarged until October 17, 2007; and is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court