Matter of Jenkins v Bailey
Motion No: 2009-04077
Slip Opinion No: 2009 NY Slip Op 80664(U)
Decided on August 14, 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

M90786

M/nl

ANITA R. FLORIO, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-04077

In the Matter of Shelley Jenkins, respondent,

v Milton Bailey, appellant.

(Docket No. F-12639-08)

DECISION & ORDER ON MOTION

Appeal by Milton Bailey from an order of the Family Court, Nassau County, dated March 18, 2009. By order to show cause dated July 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 May 22, 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 verification that the appellant has ordered the transcripts, it is

ORDERED that the motion is denied.

FLORIO, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court