Appellate Division: Second Judicial Department

M122972

E/ct

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SANDRA L. SGROI, JJ.

2011-03427 In the Matter of Brooke Sweetser, respondent, v Timothy M. Willis, appellant. (Docket Nos. V-9786-09/10B, V-9787-09/10B)

DECISION & ORDER ON MOTION

Appeal by Timothy M. Willis from an order of the Family Court, Suffolk County, dated March 7, 2011. By order to show cause dated June 3, 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 April 19, 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 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 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 6, 2011; and it is further,

ORDERED that no further enlargement of time shall be granted.

COVELLO, J.P., ANGIOLILLO, DICKERSON and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court