Appellate Division: Second Judicial Department

M158493

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2013-01203 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Docket Nos. F-10853-11, F-5597-12, F-4595-12)

DECISION & ORDER ON MOTION

Appeal by Elizabeth Renner from an order of the Family Court, Queens County, dated January 4, 2013. By order to show cause dated May 22, 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 scheduling order dated April 12, 2013, 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 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 29, 2013.

RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court