Matter of Malbin, also known as Malbin Martz v Martz
Motion No: 2010-11621
Slip Opinion No: 2011 NY Slip Op 67426(U)
Decided on March 18, 2011
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

M117169

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-11621

In the Matter of Linda Malbin, also known as

Linda Malbin Martz, appellant, v Lawrence

Martz, respondent.

(Docket No. F-3392/10)

DECISION & ORDER ON MOTION

Appeal by Linda Malbin, also known as Linda Malbin Martz, from an order of the Family Court, Nassau County, dated November 12, 2010. By order to show cause dated February 8, 2011, 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 December 22, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Upon the order to show cause and the papers filed in response thereto, it is

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

ORDERED that on the Court's own motion, 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 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until April 18, 2011; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court