Appellate Division: Second Judicial Department

M126476

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-03233 In the Matter of Frederick Little, appellant, v Sandy Renz, respondent. (Docket No. F-26997-05/10D)

DECISION & ORDER ON MOTION

Appeal by Frederick Little from an order of the Family Court, Kings County, dated March 10, 2011. By order to show cause dated August 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 in the above-entitled proceeding for failure to comply with a decision and order on motion dated June 10, 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 is denied; and it is further,

ORDERED that the appellant's time to file an affidavit or affirmation in the office of the Clerk of this Court in accordance with the decision and order on motion dated June 10, 2011, is extended until October 28, 2011; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation in accordance with the decision and order on motion dated June 10, 2011, the appeal will be dismissed.

RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court