Appellate Division: Second Judicial Department

M88266

M/cb

ARIEL E. BELEN, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-02720 In the Matter of John O'Loughlin, appellant, v Anna M. Sweetland, respondent. (Docket No. V-09000-06)

DECISION & ORDER ON MOTION

Appeal by John O'Loughlin from an order of the Family Court, Suffolk County, dated February 17, 2009. By order to show cause dated June 2, 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 9, 2009, issued pursuant to 22 NYCRR 670.4(a)(2). The appellant has submitted an affidavit that there are no minutes to be transcribed for the above-entitled appeal.

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 August 17, 2009.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court