Matter of Yasus v Yasus
Motion No: 2008-07242
Slip Opinion No: 2008 NYSlipOp 91259(U)
Decided on December 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M79261

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2008-07242

In the Matter of James R. Yasus, appellant-

respondent, v Dana E. Yasus, respondent-

appellant; Adrienne Flipse Hausch, nonparty-

appellant.

(Proceeding No. 1)

In the Matter of Dana E. Yasus, respondent-

appellant, v James R. Yasus, appellant-

respondent, Adrienne Flipse Hausch, nonparty-

appellant.

(Proceeding No. 2)

(Docket Nos. V-2210-06, V-2211-06)

DECISION & ORDER ON MOTION

Appeal by the father, James R. Yasus, cross appeal by the mother, Dana E. Yasus, and separate appeal by the attorney for the child from an order of the Family Court, Nassau County, dated June 23, 2008. By order to show cause dated October 6, 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 by James R. Yasus in the above-entitled proceeding for failure to comply with a scheduling order dated August 15 , 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (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 to dismiss the appeal is denied.

RIVERA, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court