Matter of Maute v De La Cruz a/k/a Franco
Motion No: 2009-00206
Slip Opinion No: 2009 NY Slip Op 70284(U)
Decided on April 22, 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

M85513

M/cb

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-00206

In the Matter of John Thomas Maute,

respondent, v Rona de la Cruz,

a/k/a Rona Marie Franco, appellant.

(Docket No. V-01333-08)

DECISION & ORDER ON MOTION

Appeal by Rona de la Cruz a/k/a Rona Marie Franco from an order of the Family Court, Rockland County, dated December 9, 2008. By order to show cause dated March 9, 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 22, 2009, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to have the tapes of the transcripts sent directly to her for transcription.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the application is denied; and it is further,

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 May 29, 2009.

RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court