Matter of Suffolk County Department of Social Services, o/b/
Motion No: 2007-11110
Slip Opinion No: 2008 NYSlipOp 65039(U)
Decided on February 28, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M66959

M/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-11110

In the Matter of Suffolk County Department

of Social Services, o/b/o Darrah Thepenier,

respondent, v Jean-Claude Thepenier, appellant.

(Docket No. F-20603-06)

DECISION & ORDER ON MOTION

Appeal by Jean-Claude Thepenier from an order of the Family Court, Suffolk County, dated October 5, 2007. By order to show cause dated January 31, 2008, 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 December 12, 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 March 31, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court