Matter of Greener v Greener
Motion No: 2010-00476
Slip Opinion No: 2010 NY Slip Op 72419(U)
Decided on May 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102398

M/nl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2010-00476

In the Matter of Elisa T. Greener, respondent,

v David V. Greener, appellant.

(Docket No. O-05471-09)

DECISION & ORDER ON MOTION

Appeal by David V. Greener from an order of the Family Court, Orange County, dated December 3, 2009. By order to show cause dated April 8 , 2010, the parties or their attorneys were directed to show cause 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 February 22, 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, 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 June 21, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted.

FISHER, J.P., DICKERSON, ENG, BELEN and , JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court