Appellate Division: Second Judicial Department

M97646

M/ct

MARK C. DILLON, J.P.

JOSEPH COVELLO

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2009-09213 In the Matter of Corinne Prezioso, appellant, v John Prezioso, respondent. (Docket No. O-3753-09)

DECISION & ORDER ON MOTION

Appeal by Corinne Prezioso from an order of the Family Court, Orange County, dated July 28, 2009. By order to show cause dated December 7, 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 22, 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, it is

ORDERED that the motion 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 the appellant's brief on the appeal is enlarged until March 22, 2010.

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

ENTER:

James Edward Pelzer

Clerk of the Court