Matter of K. (Anonymous) v B. (Anonymous)
Motion No: 2007-09826
Slip Opinion No: 2008 NYSlipOp 68386(U)
Decided on April 3, 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

M68535

M/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2007-09826

In the Matter of Philip K. (Anonymous), appellant,

v Thervey B. (Anonymous), respondent.

(Docket No. P-255-07)

DECISION & ORDER ON MOTION

Appeal by Philip K. from an order of the Family Court, Richmond County, dated June 15, 2007. By order to show cause dated March 18, 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 31, 2008, 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 June 6, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

RITTER, J.P., COVELLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court