Matter of Aguirre v Ortega
Motion No: 2010-05062
Slip Opinion No: 2010 NY Slip Op 81970(U)
Decided on September 10, 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

M108210

M/ct

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-05062

In the Matter of Erika J. Aguirre, respondent,

v Miguel A. Ortega, appellant.

(Docket No. F-09398-08)

DECISION & ORDER ON MOTION

Appeal by Miguel A. Ortega from an order of the Family Court, Suffolk County, dated April 19, 2010. By order to show cause dated July 20, 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 June 4, 2010, issued pursuant to 22 NYCRR 670.4(a)(2). The appellant advises the Court that there are no minutes to be transcribed for the appeal.

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 22NYCRR 670.9[d][2]), and by serving and filing the appellant's brief on the appeal is enlarged until October 13 , 2010.

SKELOS, J.P., COVELLO, BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court