Appellate Division: Second Judicial Department

M125748

E/ct

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2011-05198 In the Matter of Donna M. Riendeau, respondent, v Michael P. Riendeau, appellant. (Docket Nos. F-15294-07/10F, F-15294-07/10G)

DECISION & ORDER ON MOTION

Appeal by Michael P. Riendeau from an order of the Family Court, Suffolk County, dated April 18, 2011. By order to show cause dated August 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 June 13, 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 or before October 17, 2011, the appellant shall 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; and it is further,

ORDERED that the appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when the appellant's brief is served upon those parties.

MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court