Appellate Division: Second Judicial Department

M60310

M/cb

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2007-04083 In the Matter of Patricia F. Scialoia-Miller, respondent-appellant, v Kenneth P. Scialoia, appellant-respondent. (Docket Nos. V-14018-04, O-13014-04)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Family Court, Westchester County, dated March 30, 2007. By order to show cause dated August 29, 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 and cross appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 19, 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 branch of the motion which was to dismiss the appeal taken by Kenneth P. Scialoia is granted, and that appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 19, 2007; and it is further,

ORDERED that the branch of the motion which was to dismiss the cross appeal taken by Patricia F. Scialoia-Milleris denied; and it is further,

ORDERED that time of Patricia F. Scialoia-Miller to perfect her 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 31, 2007.

RIVERA, J.P., COVELLO, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court