Appellate Division: Second Judicial Department

M60085

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

THOMAS A. DICKERSON, JJ.

2007-06009 In the Matter of Lillian Bobrowsky, respondent, v Shereen Bobrowsky, appellant. (Docket No. O-8295-06)

DECISION & ORDER ON MOTION

Appeal by Shereen Bobrowsky from an order of the Family Court, Westchester County, dated June 18, 2007. By order to show cause dated August 16, 2007, pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), 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 July 9, 2007. Motion by the appellant for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

Upon the motion to dismiss the appeal and the papers filed in response thereto, and upon the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 a brief on the appeal is enlarged until October 22, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted.

MILLER, J.P., GOLDSTEIN, FISHER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court