Matter of Francois v Francois
Motion No: 2011-00976
Slip Opinion No: 2011 NY Slip Op 76537(U)
Decided on June 23, 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

M121877

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-00976

In the Matter of Marie Francois, respondent,

v Jean Francois, appellant.

(Docket No. F-37039/09)

DECISION & ORDER ON MOTION

Appeal by Jean Francois from an order of the Family Court, Kings County, dated January 4, 2011. By order to show cause dated May 5, 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 March 23, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the Office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until July 19, 2011.

ANGIOLILLO, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court