Appellate Division: Second Judicial Department

M103557

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

HOWARD MILLER

PLUMMER E. LOTT, JJ.

2010-02170 In the Matter of Karen Bowen, respondent, v Michael Farrell, appellant. (Docket No. V-09313-08)

DECISION & ORDER ON MOTION

Appeal by Michael Farrell from an order of the Family Court, Suffolk County, dated January 20, 2010. By order to show cause dated May 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 March 25, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]). Motion by the appellant to stay enforcement of the order dated January 20, 2010.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

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

ORDERED that the appellant's motion to stay enforcement of the order dated January 20, 2010, is denied; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated March 25, 2010, by filing an affidavit or affirmation stating that the transcript was ordered and paid for, the date thereof and the date by which the transcript was expected, or by filing an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received is extended until June 28, 2010.

FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court