Appellate Division: Second Judicial Department

M110297

M/ct

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-09994 In the Matter of Karin J. Baranek, respondent, v Mark Baranek, appellant. (Docket No. F-00786-09)

DECISION & ORDER ON MOTION

Appeal by Mark Barenek from an order of the Family Court, Suffolk County, dated September 1, 2009. By order to show cause dated August 30, 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 perfect the above-entitled appeal within 60 days of the appellant's receipt of the transcripts.

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 November 30, 2010, the appellant shall 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, or shall move in the Family Court, Suffolk County, to settle the transcripts to correct any alleged errors and shall provide written proof to this Court that such a motion has been made; and it is further,

ORDERED that if the appellant fails to take either action by November 30, 2010, the above-entitled appeal may be dismissed.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court