Appellate Division: Second Judicial Department

M67836

M/

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-00009 In the Matter of Nancy Gress, respondent, v Daniel Anderson, appellant. (Docket No. F-3790-06)

DECISION & ORDER ON MOTION

Appeal by Daniel Anderson from an order of the Family Court, Suffolk County, dated November 20, 2007. By order to show cause dated February 20, 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 January 9, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant for leave to prosecute the above-entitled appeal as a poor person.

Now, on the court's own motion, and the papers filed in response to the order to show cause, including information that there are no transcripts necessary to perfect the appeal, 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 May 30, 2008; and it is further,

ORDERED that the application for leave to prosecute the above-entitled appeal as a poor person is denied with leave to renew on or before April 4, 2008, upon proper papers (see CPLR 1101).

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court