Matter of Cook v Cook
Motion No: 2013-06259
Slip Opinion No: 2013 NY Slip Op 88680(U)
Decided on October 17, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M163866

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-06259

In the Matter of Suzanne Cook, etc., respondent,

v Michael T. Cook, appellant.

(Docket No. O-05052-12)

DECISION & ORDER ON MOTION

Appeal by Michael T. Cook from an order of the Family Court, Orange County, dated May 1, 2013. By order to show cause dated August 21, 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 proceeding for failure to comply with a scheduling order dated June 26, 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 on the Court's own motion, 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 December 17, 2013.

RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court