Appellate Division: Second Judicial Department

M97728

S/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-03176 In the Matter of Broney Gadman, appellant, v Julie Malone, respondent. (Docket No. U-16711-08)

DECISION & ORDER ON MOTION

Appeal by Broney Gadman from an order of the Family Court, Suffolk County, dated March 2, 2009. By order to show cause dated December 30, 2009, the appellant was directed to show cause before this court why the appeal should not be dismissed for failure to comply with a decision and order on motion dated November 5, 2009, which directed him to file a supplemental record on or before December 7, 2009.

Upon the court's own motion and the papers filed in response thereto, it is

ORDERED that the appellant's time to comply with the decision and order on motion dated November 5, 2009, by serving a file a supplemental record is enlarged until February 2, 2010, and the supplemental record shall be served and filed on or before that date; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 8, 2010, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., MILLER, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court