Matter of Wallace v Johnson
Motion No: 2009-07433
Slip Opinion No: 2009 NY Slip Op 92969(U)
Decided on December 31, 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

M96786

M/cb

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-07433

In the Matter of Sharlene Wallace, appellant,

v Korey Johnson, respondent ; Diane B.

Groom, nonparty appellant.

(Docket No. V-10282-03)

DECISION & ORDER ON MOTION

Separate appeals by Sharlene Wallace and the attorney for the child from an order of the Family Court, Suffolk County, dated June 30, 2009. By order to show cause dated October 29, 2009, the parties or their attorneys were directed to show cause 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 August 17, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted to the extent that the appeal taken by the appellant Sharlene Wallace is dismissed, without costs or disbursements, and is otherwise denied; and it is further,

ORDERED that time of the attorney for the child to comply with the scheduling order dated August 17, 2009, is enlarged until January 15, 2009.

RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court