Appellate Division: Second Judicial Department

M85517

M/cb

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-11340 In the Matter of Derrick Baker, appellant, v Caren Durham, respondent. (Docket Nos. V-01540-03, V-01541-03)

DECISION & ORDER ON MOTION

Appeal by Derrick Baker from an order of the Family Court, Queens County, dated September 2, 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). The appellant received the transcripts on or about April 17, 2009.

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 June 17, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court