Appellate Division: Second Judicial Department

M126506

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-05253 In the Matter of Bianca P. (Anonymous). Suffolk County Department of Social Services, respondent; Theodore A. P. (Anonymous), Jr., appellant. (Proceeding No. 1) In the Matter of Theodore P. (Anonymous), III. Suffolk County Department of Social Services, respondent; Theodore A. P. (Anonymous), Jr., appellant. (Proceeding No. 2) (Docket Nos. N-2968/11, N-29698/11)

DECISION & ORDER ON MOTION

Appeal by Theodore A. P., Jr., from an order of the Family Court, Suffolk County, dated May 4, 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 scheduling order dated June 14, 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 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 28, 2011.

MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court