Pereira v Da Silva
Motion No: 2008-05235
Slip Opinion No: 2008 NYSlipOp 83674(U)
Decided on September 22, 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

M76033

M/cb

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-05235

Yvette Pereira, respondent,

v Augusto Da Silva, appellant.

(Index No. 27559/06)

DECISION & ORDER ON MOTION

Appeal by Augusto Da Silva from an order of the Supreme Court, Suffolk County, dated April 23, 2008. By order to show cause dated August 8, 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 action for failure to comply with a scheduling order dated June 25, 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 is enlarged until October 24, 2008, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

MASTRO, J.P., LIFSON, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court