Appellate Division: Second Judicial Department

M178506

E/sl

THOMAS A. DICKERSON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-03485 In the Matter of Tracy Breaker, appellant, v Katrina Williams, et al., respondents. (Docket No. V-12796-13)

DECISION & ORDER ON MOTION

Appeal by Tracy Breaker from an order of the Family Court, Kings County, dated February 11, 2014. By order to show cause dated June 6, 2014, the parties 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 April 21, 2014, 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 comply with the scheduling order dated April 21, 2014, is extended until September 17, 2014; and it is further,

ORDERED that if the appellant fails to file an affidavit or affirmation in accordance with the scheduling order dated April 21, 2014, on or before September 17, 2014, as set forth above, the Court will dismiss the appeal, without further notice.

DICKERSON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court