Uvaydov v Wexley
Motion No: 2008-08326
Slip Opinion No: 2008 NYSlipOp 90387(U)
Decided on November 28, 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

M79052

M/cb

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-08326

Josif Uvaydov, appellant,

v Victoria Wexley, respondent.

(Index No. 23425/99)

DECISION & ORDER ON MOTION

Appeal by Josif Uvaydov from an order of the Supreme Court, Queens County, dated July 29, 2008. By order to show cause dated November 5, 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 September 18, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, the papers filed in response to the order to show cause, and upon the perfection of the appeal, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court