Matter of Callabrass v Chess
Motion No: 2008-10440
Slip Opinion No: 2009 NYSlipOp 63975(U)
Decided on February 19, 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

M82401

M/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-10440

In the Matter of Regina Callabrass, respondent,

v Alexander Chess, appellant.

(Docket No. F-4916-97)

DECISION & ORDER ON MOTION

Appeal by Alexander Chess from an order of the Family Court, Queens County, dated September 2, 2008. By order to show cause dated January 13, 2009, 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 26, 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 March 31, 2009.

FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court