Appellate Division: Second Judicial Department

M137794

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-01600 In the Matter of Krisztina Kun, appellant, v John Staton, respondent. (Docket No. O-3720/11)

DECISION & ORDER ON MOTION

Appeal by Krisztina Kun from an order of the Family Court, Orange County, dated January 31, 2012. By order to show cause dated April 12, 2012, 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 February 28, 2012, 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 of the rules of this Court (22 NYCRR 670.4[a]), on or before July 16, 2012, the appellant shall 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][1][ii]) and by serving and filing the appellant's brief on the appeal.

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court