Appellate Division: Second Judicial Department

M62606

S/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-07919 In the Matter of Matthew Roth, appellant, v Mary Ellen Roth, respondent. (Docket No. V-2165-07)

DECISION AND ORDER ON MOTION

Appeal by Matthew Roth from an order of the Family Court, Orange County, dated July 9, 2007. By order to show cause dated October 25, 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 a scheduling order dated September 11, 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 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 December 21, 2007.

KRAUSMAN, J.P., FISHER, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court