Appellate Division: Second Judicial Department

M96950

E/cb

MARK C. DILLON, J.P.

JOSEPH COVELLO

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2009-08666 In the Matter of Christopher Otero, appellant, v Cynthia Nieves, respondent. (Docket No. V-38575-06)

DECISION & ORDER ON MOTION

Appeal by Christopher Otero from an order of the Family Court, Kings County, dated September 8, 2009. By order to show cause dated November 27, 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 October 13, 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 appeal is denied; and it is further,

ORDERED that the appellant's time to 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 his brief on the appeal is enlarged until February 8, 2010.

DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court