| Spada v Summers |
| Motion No: 2010-00097 |
| Slip Opinion No: 2010 NY Slip Op 69022(U) |
| Decided on April 9, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M101013
M/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-00097 Charles T. Spada, respondent, v Patricia Ann Summers, appellant. (Index No. 16641/04)
| DECISION & ORDER ON MOTION |
Appeal by Patricia Ann Summers from an order of the Supreme Court, Westchester County, dated October 30, 2009. By order to show cause dated March 4, 2010, 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 January 20, 2010, 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 a representation that there are no minutes to be transcribed for the appeal, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on or before June 7, 2010, the appellant shall perfect the appeal by serving and filing the record or appendix on the appeal and the appellant's brief.
SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court