Appellate Division: Second Judicial Department

M93927

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-06608, 2009-06610 In the Matter of Dieuve I. Gaussaint, appellant, v Marjorie Gaussaint, respondent. (Docket Nos. V-18973-09, V-18974-09, V-18975-09, V-18976-09, V-18977-09, V-19139-09, V-19140-09, V-19141-09, V-19142-09, V-19143-09)

DECISION & ORDER ON MOTION

Appeals by Dieuve I. Gaussaint from two orders of the Family Court, Kings County, both dated June 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated July 29, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (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 to dismiss the appeals is denied; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated July 29, 2009, by filing an affidavit or affirmation as directed in paragraphs numbered (1), (2), (3), or (4) of the scheduling order is extended until December 2, 2009; and it is further,

ORDERED that if none of the actions described in paragraphs numbered (1), (2), (3), or (4) of the scheduling order dated July 29, 2009, has been taken on or before December 2, 2009, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

MASTRO, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court