Appellate Division: Second Judicial Department

M79056

M/cb

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-07977, 2008-07978 In the Matter of Maria Cabral, respondent, v Francisco R. Cabral, appellant. (Appeal No. 1) In the Matter of Maria Trusa, respondent, v Francisco R. Cabral, appellant. (Appeal No. 2) (Docket No. F-04958-06)

DECISION & ORDER ON MOTION

Appeals by Francisco R. Cabral from two orders of the Family Court, Westchester County, dated April 26, 2007, and July 22, 2008, respectively. By order to show cause dated October 30, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 16, 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 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 appeals is enlarged until December 15, 2008.

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

ENTER:

James Edward Pelzer

Clerk of the Court