| Matter of S. (Anonymous), Aiden Connor; S. (Anonymous) |
| Motion No: 2008-03852 |
| Slip Opinion No: 2008 NYSlipOp 78922(U) |
| Decided on July 29, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M73840
M/cb
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2008-03852 In the Matter of Aiden Connor S. (Anonymous). James S. (Anonymous), et al., appellants; Angel A. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of James Cameron S. (Anonymous). James S. (Anonymous), et al., appellants; Angel A. (Anonymous), et al., respondents. (Proceeding No. 2) (File Nos. 119990/07, 12000/07)
| DECISION & ORDER ON MOTION |
Appeal by James S. and Ann S. from an order of the Surrogate's Court, Dutchess County, dated April 9, 2008. By order to show cause dated June 23, 2008, 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 May 12, 2008, 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 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 the appellant's brief on the appeal is enlarged until September 8, 2008.
SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court