Appellate Division: Second Judicial Department

M69696

M/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-01201 In the Matter of Erwin Embro, appellant, v Maria T. Smith, respondent. (Docket No. F-16371-04)

DECISION & ORDER ON MOTION

Appeal by Erwin Embro from an order of the Family Court, Suffolk County, dated December 28, 2007. 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). The appellant has informed the court that the transcripts have been received.

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 25, 2008.

RIVERA, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court