Appellate Division: Second Judicial Department

M159193

E/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-01315 In the Matter of Lawrence J. Worner, respondent, v Susan Gavin, appellant. (Docket Nos. V-4528-01/11M, V-4532-01/11N)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 3, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Susan Gavin from an order of the Family Court, Orange County, dated December 21, 2012. By order to show cause dated April 23, 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 February 14, 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 September 9, 2013.

ENG, P.J., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court