Mathie v Mathie
Motion No: 2008-09473
Slip Opinion No: 2009 NYSlipOp 62949(U)
Decided on February 5, 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

M82119

M/cb

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-09473

Lilian Mathie, appellant,

v Douglas Mathie, respondent.

(Index No. 019165/06)

DECISION & ORDER ON MOTION

Appeal by Lilian Mathie from an order of the Supreme Court, Nassau County, dated September 26, 2008. By order to show cause 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 a scheduling order dated November 6, 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 is enlarged until March 16, 2009, and the record or appendix or the appeal and the appellant's brief shall be served and filed on or before that date.

RIVERA, J.P., FISHER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court