Appellate Division: Second Judicial Department

M124857

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-04041 In the Matter of Raelene Birkett, respondent, v Kamran Chaudhri, appellant. (Docket No. F-37704/09)

DECISION & ORDER ON MOTION

Appeal by Kamran Chaudhri from an order of the Family Court, Kings County, dated March 29, 2011. By order to show cause dated June 23, 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 May 5, 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 pursuant to § 670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 11, 2011.

ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court