Matter of Baby Boy H. (Anonymous)
Motion No: 2008-11428
Slip Opinion No: 2009 NYSlipOp 68161(U)
Decided on March 31, 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

M84428

E/cb

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2008-11428

In the Matter of Baby Boy H. (Anonymous).

Ovidio Jose R. (Anonymous), appellant;

"Mr. and Mrs. Doe," et al., respondents.

(Docket No. A-2713-08)

DECISION & ORDER ON MOTION

Appeal by Ovidio Jose R. from an order of the Family Court, Suffolk County, dated November 18, 2008. By order to show cause dated February 23, 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 January 7, 2009, 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 January 7, 2009, is enlarged until April 28, 2009.

PRUDENTI, P.J., SANTUCCI, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court