Appellate Division: Second Judicial Department

M70261

M/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-11648 DECISION & ORDER ON MOTION In the Matter of Michael J. Loughlin, respondent, v Cathleen A. Tokarz, appellant. (Docket No. V-04574-00)

Appeal by Cathleen A. Tokarz from an order of the Family Court, Suffolk County, dated November 7, 2007. By order to show cause dated April 9, 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 4, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Motion 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, it is

ORDERED that the motion to dismiss the appeal 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; and it is further,

ORDERED that the motion by the appellant for leave to prosecute the above-entitled appeal as a poor person is denied.

FISHER, J.P., FLORIO, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court