Matter of Malatesta v Greco
Motion No: 2009-04646
Slip Opinion No: 2009 NY Slip Op 86443(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

M93287

M/cb

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-04646

In the Matter of Giovanni Malatesta, respondent,

v Dorina T. Greco, appellant.

(Docket Nos. V-2164-06, V-02423-08)

DECISION & ORDER ON MOTION

Appeal by Dorina T. Greco from an order of the Family Court, Westchester County, dated April 23, 2009. By order to show cause dated September 17, 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 20, 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, it is

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

ORDERED that the appellant's time to comply with the scheduling order dated July 20, 2009, and supply proof that the transcripts have been ordered and paid for, is enlarged until November 13, 2009.

SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court