Appellate Division: Second Judicial Department

M156244

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-04795 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Docket Nos. V-16300-10/12M, V-16301-10/12M, V-16384-10/12Q, V16385-10/12Q)

DECISION & ORDER ON MOTION

Appeal by Elizabeth Renner from an order of the Family Court, Queens County, dated April 26, 2012. By order to show cause dated April 15, 2013, 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 proceedings for failure to comply with a decision and order on motion of this Court dated August 17, 2012. Motion by the appellant, inter alia, to restore her overnight parenting time.

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 denied; and it is further,

ORDERED that 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 a brief on the appeal is enlarged until July 12, 2013.

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

ENTER:

Aprilanne Agostino

Clerk of the Court