| Chess v Lichtman |
| Motion No: 2011-07014 |
| Slip Opinion No: 2011 NY Slip Op 91152(U) |
| Decided on November 30, 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. |
Appellate Division: Second Judicial Department
M129537
E/sl
MARK C. DILLON, J.P.
RANDALL T. ENG
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2011-07014 Cheryl R. Chess, respondent, v Aaron C. Lichtman, appellant. (Index No. 10-5304)
| DECISION & ORDER ON MOTION |
Appeal by Aaron C. Lichtman from an order of the Supreme Court, Westchester County, dated June 22, 2011. By order to show cause dated October 20, 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 action for failure to comply with a scheduling order dated August 25, 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 the Court's own motion, 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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 30, 2012.
DILLON, J.P., ENG, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court