Appellate Division: Second Judicial Department

M65620

E/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2006-03184, 2006-11207, 2006-11208 Eleonora Pankratova, respondent, v Aleksandr Seleznov, appellant. (Appeal Nos. 1, 2, 3) (Index No. 8006/03) 2007-06649 In the Matter of Alexandr Seleznov, appellant, v Eleonora Pankratova, respondent. (Appeal No. 4) (Docket No. F-32564-06)

DECISION & ORDER ON MOTION

Appeal by Alexandr Seleznov from an order of the Family Court, Kings County, dated June 5, 2007. By order to show cause dated November 28, 2007, issued 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 from the order dated June 5, 2007, in the above-entitled proceeding for failure to comply with a scheduling order dated October 15, 2007, issued pursuant to § 670.4(a)(2). Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, dated January 26, 2006, an order of the same court dated April 4, 2006, a money judgment of the same court also dated April 4, 2006, and the order of the Family Court, Kings County dated June 5, 2007, to consolidate the appeals, to waive the filing fee, and for free transcripts.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from the order dated June 5, 2007, (Appellant Division Docket No. 2007-06649) for failure to comply with a scheduling order dated October 15, 2007, is denied; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeals from the judgment dated January 26, 2006, the order dated April 4, 2006, and the money judgment dated April 4, 2006, are denied; and it is further,

ORDERED that on the court's own motion, the appeals from the judgment dated January 26, 2006, the order dated April 4, 2006, and the money judgment dated April 4, 2006 (Appellate Division Docket Nos. 2006-03184, 2006-11207, 2006-11208), are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals, and to waive the filing fee and for free transcripts in connection with the appeals from the judgment dated January 26, 2006, the order dated April 4, 2006, and the money judgment dated April 4, 2006, are denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 5, 2007 (Appellate Division Docket No. 2007-06649), is granted, and the appellant's time to perfect the appeal from that order 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 his brief on the appeal is enlarged until March 6, 2008; and it is further,

ORDERED that the branches of the motion which are to waive the filing fee and for free transcripts in connection with the appeal from the order dated June 5, 2007, are denied.

CRANE, J.P., MASTRO, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court