Appellate Division: Second Judicial Department

M71937

M/cb

DAVID S. RITTER, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2008-01956 In the Matter of Anne McKenna Faraldo, appellant, v Laura McKenna, respondent. (Docket No. O-20899-07)

DECISION & ORDER ON MOTION

Appeal by Anne McKenna Faraldo from an order of the Family Court, Suffolk County, dated January 28, 2008. By order to show cause dated April 24, 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 13, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Separate 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 and the appellant's motion, it is

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

ORDERED that the appellant's motion for leave to prosecute the above-entitled appeal as a poor person 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 August 1, 2008.

RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court