Matter of Sena v Sena
Motion No: 2008-01665
Slip Opinion No: 2008 NYSlipOp 71485(U)
Decided on May 8, 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

M70118

M/cb

FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-01665

In the Matter of Evelin Sena, respondent,

v Jeovanni Sena, appellant.

(Docket No. F-7794-05)

DECISION & ORDER ON MOTION

Appeal by Jeovanni Sena from an order of the Family Court, Westchester County, dated January 15, 2008. By order to show cause dated April 16, 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 March 7, 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 30, 2008.

SANTUCCI, J.P., COVELLO, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court