Matter of Rodriguez v Vazquez
Motion No: 2008-11085
Slip Opinion No: 2009 NYSlipOp 66792(U)
Decided on March 17, 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

M83803

M/cb

STEVEN W. FISHER, J.P.

HOWARD MILLER

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-11085

In the Matter of Jose F. Rodriguez, respondent,

v Yessenia Vazquez, appellant.

(Docket No. V-12356-07)

DECISION & ORDER ON MOTION

Appeal by Yessenia Vazquez from an order of the Family Court, Nassau County, dated October 30, 2008. By order to show cause dated February 11, 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 December 23, 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 comply with the scheduling order dated December 23, 2008, is enlarged until April 13, 2009.

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

ENTER:

James Edward Pelzer

Clerk of the Court