Matter of Brown v Brown
Motion No: 2011-09159
Slip Opinion No: 2012 NY Slip Op 61230(U)
Decided on January 13, 2012
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

M131602

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2011-09159

In the Matter of Eric Brown, appellant,

v Yvette Brown, respondent.

(Docket No. V-6247-09/11C)

DECISION & ORDER ON MOTION

Appeal by Eric Brown from an order of the Family Court, Orange County, dated September 1, 2011. By order to show cause dated November 30, 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 October 19, 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 pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), 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 February 6, 2012.

RIVERA, J.P., ENG, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court