| Matter of Hicks v Hicks |
| Motion No: 2010-09571 |
| Slip Opinion No: 2011 NY Slip Op 69031(U) |
| Decided on April 5, 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. |
Appellate Division: Second Judicial Department
M117457
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2010-09571 In the Matter of Linda Hicks, respondent, v John Hicks, appellant. (Docket No. F-01533-10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Dutchess County, dated August 20, 2010, on the ground that the appellant failed to provide her with a copy of the transcripts.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition that on or before May 6, 2011, the appellant file in the office of the Clerk of this Court the necessary transcripts, properly settled (see CPLR 5525[c]); and it is further,
ORDERED that if appellant fails to comply with the foregoing condition, the appeal will be dismissed; and it is further,
ORDERED that on the Court's own motion, the time of the respondent to serve and file a brief on the appeal is enlarged until June 6, 2011.
SKELOS, J.P., LEVENTHAL, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court