Matter of Gallo v Gallo
Motion No: 2010-03204
Slip Opinion No: 2010 NY Slip Op 76315(U)
Decided on July 6, 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

M105220

M/ct

HOWARD MILLER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-03204

In the Matter of Karen Jean Gallo, respondent,

v James Edmund Gallo, appellant.

(Docket Nos. V-02220-08, V-02221-08,

V-02222-08)

DECISION & ORDER ON MOTION

Appeal by James Edmund Gallo from an order of the Family Court, Suffolk County, dated March 5, 2010. By order to show cause dated May 28, 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 above-entitled appeal for failure to comply with a scheduling order dated April 16, 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 on or before July 20, 2010, the appellant shall file written proof with the court that the transcripts in the above-entitled appeal have been ordered and paid for.

MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court