Matter of Cuevas v Pendleton
Motion No: 2010-10147
Slip Opinion No: 2011 NY Slip Op 85683(U)
Decided on October 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M126746

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-10147

In the Matter of Santos Cuevas, et al.,

respondents, v Keith Pendleton, et al.,

appellants.

(Docket No. V-2227-07)

SCHEDULING ORDER

Appeal by Keith Pendleton and Anne Pendleton from an order of the Family Court, Orange County, dated September 7, 2010. By scheduling order dated August 5, 2011, the appellants' 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 appellants' brief on the appeal was enlarged until August 26, 2011. The appellants have not perfected the appeal.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.4[a], 670.8[e]) and prior order of the Court.

RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court