Appellate Division: Second Judicial Department

M69679

M/sl

ROBERT A. LIFSON , J.P.

DAVID S. RITTER

MARK C. DILLON

JOHN M. LEVENTHAL , JJ.

2008-01554 Usha Nohar, respondent, v David Jones, appellant. (Index No. 1393-04)

DECISION & ORDER ON MOTION

Appeal by David Jones from an order of the Supreme Court, Putnam County, dated February 6, 2008. By order to show cause dated April 3, 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 February 25, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Cross motion by the appellant to hold the appeal in abeyance.

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 cross motion is denied; and it is further

ORDERED that the appellant's time to perfect the appeal is enlarged until May 28, 2008, and the record or appendix or the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

LIFSON, J.P., RITTER, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court