Appellate Division: Second Judicial Department

M72119

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ANITA R. FLORIO

WILLIAM E. McCARTHY, JJ.

2007-05564 In the Matter of Toni Ann O. (Anonymous), appellant. (Docket No. S-01370-07)

DECISION & ORDER ON MOTION

Appeal by Toni Ann O. from an order of the Family Court, Dutchess County, dated May 15, 2007. By order to show cause dated May 29, 2008, pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), 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 perfect the appeal in accordance with the rules and prior orders of this court (see 22 NYCRR 670.9[d][2]).

Upon the order to show cause and the papers filed in response thereto, 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 her brief on the appeal is enlarged until June 27, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

PRUDENTI, P.J., RITTER, FLORIO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court