Appellate Division: Second Judicial Department

M96792

M/cb

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-08794 In the Matter of Kelli Mitchetti, respondent, v Franklin Mitchetti, appellant. (Docket No. V-00515-09)

DECISION & ORDER ON MOTION

Appeal by Franklin Mitchetti from an order of the Family Court, Orange County, dated July 7, 2009. By order to show cause dated November 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 September 29, 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 December 16, 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 February 16, 2010.

BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court