Musachio v Musachio
Motion No: 2009-05744
Slip Opinion No: 2009 NY Slip Op 86414(U)
Decided on October 21, 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

M93324

M/cb

FRED T. SANTUCCI, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2009-05744

Mark Musachio, respondent,

v Annmarie Musachio, appellant.

(Index No. 21672/04)

DECISION & ORDER ON MOTION

Appeal by Annmarie Musachio from an order of the Supreme Court, Suffolk County, dated May 8, 2009. By order to show cause dated September 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 July 21, 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, and the representation by the appellant that the transcripts have been received, it is

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

ORDERED that the appellant's time to perfect the appeal is enlarged until December 15, 2009, and the record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.

SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court