Matter of Ramirez v Bobe
Motion No: 2010-09867
Slip Opinion No: 2011 NY Slip Op 64865(U)
Decided on February 22, 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

M115853

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-09867

In the Matter of Henry Ramirez, appellant,

v Vanessa Bobe, appellant.

(Docket No. F-00958-09)

DECISION & ORDER ON MOTION

Appeal by Henry Ramirez from an order of the Family Court, Putnam County, dated August 30, 2010. By order to show cause dated January 13, 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 November 19, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon 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; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged, the appellant's brief submitted to the Clerk of the Court is accepted for filing, and the Clerk of the Court, or his designee, shall subpoena the original papers constituting the court file from the Family Court, Putnam County.

COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court