Appellate Division: Second Judicial Department

M101024

M/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-00517 In the Matter of Donald Dempsey, appellant, v Pamela Dempsey, respondent. (Docket No. V-00628-08)

DECISION & ORDER ON MOTION

Appeal by Donald Dempsey from an order of the Family Court, Putnam County, dated December 3, 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 the representation that the appellant has had the necessary transcripts since February 22, 2010, 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 May 25, 2010.

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court