Appellate Division: Second Judicial Department

M76054

M/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-04715 In the Matter of Leta Greenstein, respondent, v Jerry Greenstein, appellant. (Docket Nos. F-01931-03, F-02472-05)

DECISION & ORDER ON MOTION

Appeal by Jerry Greenstein from an order of the Family Court, Rockland County, dated March 31, 2008. By order to show cause dated July 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 May 30, 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 comply with the scheduling order dated May 30, 2008, by either informing the court that he has ordered the transcripts of the hearing or hearings that resulted in the order appealed from, or by submitting a formal motion for leave to prosecute the above-entitled appeal as a poor person is enlarged until October 3, 2008.

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court