Appellate Division: Second Judicial Department

M98826

M/ct

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-09962 In the Matter of Kevin J. Peterson, appellant, v Terry Peterson, respondent. (Docket No. F-20255/08)

DECISION & ORDER ON MOTION

Appeal by Kevin J. Peterson from an order of the Family Court, Suffolk County, dated September 18, 2009. By order to show cause dated December 24, 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 November 4, 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, including the representation by the appellant that he has received the transcripts,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.

MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court