| Matter of Caston v Dinger |
| Motion No: 2009-08483 |
| Slip Opinion No: 2009 NY Slip Op 92922(U) |
| Decided on December 31, 2009 |
| 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
M96790
M/cb
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2009-08483 In the Matter of Sean Alvin Caston, respondent, v Michelle Dinger, appellant. (Docket No. F-06359-04)
| DECISION & ORDER ON MOTION |
Appeal by Michelle Dinger from an order of the Family Court, Orange County, dated July 31, 2009. By order to show cause dated October 29, 2009, 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 September 17, 2009, 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 on condition that on or before January 15, 2010, the appellant file with the clerk of this court proof that the necessary transcripts have been ordered and paid for, and upon the appellant's failure to do so, the above-entitled appeal shall be dismissed.
RIVERA, J.P., ANGIOLILLO, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court