Appellate Division: Second Judicial Department

M73590

M/cb

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-02929 In the Matter of Mary Loos, respondent, v Wayne Miller, appellant. (Docket No. F-2268-05)

DECISION & ORDER ON MOTION

Appeal by Wayne Miller from an order of the Family Court, Rockland County, dated January 30, 2008. By order to show cause dated May 23, 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 April 11, 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, excluding any transcripts which were not submitted to the Family Court, 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 30, 2008.

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court