Appellate Division: Second Judicial Department

M79356

M/cb

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-08365 In the Matter of Sharon J. Ferdinand, respondent, v David Alan Ferdinand, appellant. (Docket No. O-09715-08)

DECISION & ORDER ON MOTION

Appeal by David Alan Ferdinand from an order of the Family Court, Suffolk County, dated July 18, 2008. 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 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, 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 appeal is enlarged until February 2, 2009.

SKELOS, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court