Appellate Division: Second Judicial Department

M117172

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-11616 In the Matter of Hector Morales, appellant, v Crystal Marma, respondent. (Docket No. F-6195/09)

DECISION & ORDER ON MOTION

Appeal by Hector Morales from an order of the Family Court, Suffolk County, dated October 18, 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 his brief on the appeal is enlarged until April 29, 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