Appellate Division: Second Judicial Department

M145738

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2012-06284, 2012-06285 In the Matter of Michael Tinger, appellant, v Heather Tinger, respondent. (Proceeding No. 1) In the Matter of Heather Tinger, respondent, v Michael Tinger, appellant. (Proceeding No. 2) (Docket Nos. V-5628-30/09, V-5739-41/09)

DECISION & ORDER ON MOTION

Appeals by Michael Tinger from two orders of the Family Court, Richmond County, both dated June 14, 2012. By order to show cause dated September 14, 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 appeals in the above-entitled proceedings for failure to comply with a scheduling order dated July 20, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant, in effect, to enlarge the time to perfect the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion is granted, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeals is enlarged until December 31, 2012.

SKELOS, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court