| Matter of Niwa v Merz |
| Motion No: 2012-07510 |
| Slip Opinion No: 2012 NY Slip Op 93724(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M148093
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-07510, 2012-07511 In the Matter of Masako Niwa, respondent, v Paul M. Merz, appellant. (Docket No. F-6567-07/12B)
| DECISION & ORDER ON MOTION |
Appeals by Paul M. Merz from two orders of the Family Court, Suffolk County, dated December 20, 2011, and June 26, 2012, respectively. By order to show cause dated November 8, 2012, the parties or their attorneys are 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 proceeding for failure to comply with a scheduling order dated September 18, 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 appeals 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until February 13, 2013.
SKELOS, J.P., DILLON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court