Matter of Welch v Welch
Motion No: 2010-08501
Slip Opinion No: 2011 NY Slip Op 65366(U)
Decided on February 28, 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

M115961

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-08501

In the Matter of Aaron Welch, respondent,

v Shannon Welch, appellant.

(Docket No. V-06401-07)

DECISION & ORDER ON MOTION

Appeal by Shannon Welch from an order of the Family Court, Orange County, dated August 11, 2010. By order to show cause dated December 21, 2010, 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 22, 2010, 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 upon 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 by causing the original papers constituting the record on appeal to be filed in the offices of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing a brief on the appeal is enlarged until March 30, 2011.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court