| Matter of Freedman v Pogust |
| Motion No: 2009-02287 |
| Slip Opinion No: 2009 NY Slip Op 75515(U) |
| Decided on June 18, 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. |
Appellate Division: Second Judicial Department
M88215
E/sl
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-02287 In the Matter of Lawrence Freedman, appellant, v Wendy Pogust, respondent. (Docket No. F-10814-07)
| DECISION & ORDER ON MOTION |
Appeal by Lawrence Freedman from an order of the Family Court, Westchester County, dated February 6, 2009. By order to show cause dated May 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 April 2, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
Upon the order to show cause, and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that on or before July 2, 2009, the appellant shall file with the Clerk of the court an affidavit or affirmation stating that the transcript has been ordered and paid for, the date thereof, and the date by which the transcript is expected.
SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court