Appellate Division: Second Judicial Department

M88675

M/cb

STEVEN W. FISHER, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL, JJ.

2009-02389 In the Matter of Diana Ricketts appellant, v Bernie Graves, respondent. (Docket No. F-5944-98)

DECISION & ORDER ON MOTION

Appeal by Diana Ricketts from an order of the Family Court, Kings County, dated January 23, 2009. By order to show cause dated June 8, 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 decision and order on motion dated May 7, 2009, issued pursuant to 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, including the appellant's representation that the transcripts were received on or about June 21, 2009, it is

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

ORDERED that the appellant shall 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 on or before August 24, 2009.

FISHER, J.P., MILLER, ANGIOLILLO and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court