Matter of P. (Anonymous) v M. (Anonymous)
Motion No: 2008-09791
Slip Opinion No: 2009 NYSlipOp 61458(U)
Decided on January 21, 2009
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

M81295

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-09791

In the Matter of Lisa P. (Anonymous),

respondent, v James M. (Anonymous),

appellant.

(Docket Nos. P-6121-07, P-6123-07)

DECISION & ORDER ON MOTION

Appeal by James M. from an order of the Family Court, Orange County, dated September 16, 2008. By order to show cause order dated December 17, 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 the scheduling order dated November 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 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 his brief on the appeal is enlarged until March 23, 2009.

PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court