Appellate Division: Second Judicial Department

M122369

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-01940 In the Matter of Caroline Francois, respondent, v Herod Francois, appellant. (Docket No. U-17915-06/10A)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that its decision and order on motion dated June 14, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Herod Francois from an order of the Family Court, Kings County, dated January 18, 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 an order dated March 28, 2011, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]).

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

ORDERED that the motion to dismiss the appeal 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 the appellant's brief on the appeal is enlarged until August 1, 2011.

PRUDENTI, P.J., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court