Matter of Sacco v Sacco
Motion No: 2008-08525
Slip Opinion No: 2008 NYSlipOp 92390(U)
Decided on December 18, 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

M80056

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

RANDALL T. ENG, JJ.

2008-08525

In the Matter of Heather Sacco, respondent,

v Stephen Paul Sacco, appellant.

(Docket No. F-02245-08)

DECISION & ORDER ON MOTION

Appeal by Stephen Paul Sacco from an order of the Family Court, Westchester County, dated August 4, 2008. By order to show cause dated November 19, 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 October 6, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (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 to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated October 6, 2008, is enlarged until December 30, 2008.

SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court