| Matter of Eddington v McCabe |
| Motion No: 2011-04674 |
| Slip Opinion No: 2011 NY Slip Op 81815(U) |
| Decided on August 24, 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
M124860
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
|
2011-04674 In the Matter of Teri Ann Eddington, appellant- respondent, v Derek Michael McCabe, respondent-appellant. (Docket Nos. V-5313-10/10A, V-4911-10/10A, O-4010/10, O-5450/11)
| DECISION & ORDER ON MOTION |
Appeal by Teri Ann Eddington and cross appeal by Derek Michael McCabe from an order of the Family Court, Orange County, dated April 1, 2011. By order to show cause dated July 18, 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 by Teri Ann Eddington in the above-entitled proceeding for failure to comply with a scheduling order dated June 2, 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.
DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court