Appellate Division: Second Judicial Department

M127228

E/sl

WILLIAM F. MASTRO, J.P.

RANDALL T. ENG

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2011-02953 In the Matter of Nancy Cresap, respondent, v Douglas J. Higbee, appellant. (Docket Nos. F-5394-10/10C, F-5394-10/10B)

DECISION & ORDER ON MOTION

Appeal by Douglas J. Higbee from an order of the Family Court, Westchester County, dated February 22, 2011. By order to show cause dated September 14, 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 30, 2011, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]).

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 November 7, 2011; 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 child, if any, when the appellant's brief is served upon those parties.

MASTRO, J.P., ENG, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.