Matter of McCassey v Napoli
Motion No: 2010-00144
Slip Opinion No: 2010 NY Slip Op 77465(U)
Decided on July 21, 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

M105874

M/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-00144

In the Matter of James McCassey, respondent,

v Christine Napoli, appellant.

(Docket No. F-03415-09)

DECISION & ORDER ON MOTION

Appeal by Christine Napoli from an order of the Family Court, Suffolk County, dated December 2, 2009. By order to show cause dated May 25, 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 7, 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 comply with the scheduling order dated April 7, 2010, is enlarged until August 13, 2010.

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

ENTER:

James Edward Pelzer

Clerk of the Court