Appellate Division: Second Judicial Department

M97426

S/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-03648 In the Matter of Yitzchok Zylberberg, appellant, v Shirley Zylberberg, respondent. (Docket Nos. V-01873-09, V-01874-09, V-01875-09, V-01876-09)

DECISION & ORDER ON MOTION

Appeal by Yitzchok Zylberberg from an order of the Family Court, Nassau County, dated March 4, 2009. By order to show cause dated December 4, 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 April 27, 2009. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in response to the order to show cause and the papers filed in support of the motion and no papers having been filed in opposition to the motion, it is

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied; and it is further,

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 16, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted.

FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court