Matter of Ottaviano v Ippolito
Motion No: 2014-04618
Slip Opinion No: 2014 NY Slip Op 80727(U)
Decided on August 18, 2014
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

M178501

E/sl

THOMAS A. DICKERSON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-04618

In the Matter of Christopher Ottaviano, et al.,

respondents, v Richard Ippolito, appellant.

(Proceeding No. 1)

In the Matter of Dawn Fullerton-Buist,

respondent, v Richard Ippolito, appellant.

(Proceeding No. 2)

(Docket Nos. V-2346-12/13A, V-61-13/13B,

V-61-13/13C, V-2187-08/11D, V-61-13/13A,

V-2346-12/13B, V-2346-12/13C)

DECISION & ORDER ON MOTION

Appeal by Richard Ippolito from an order of the Family Court, Rockland County, dated May 5, 2014. By order to show cause dated July 1, 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 proceedings for failure to comply with a scheduling order dated May 15, 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 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 October 17, 2014.

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

ENTER:

Aprilanne Agostino

Clerk of the Court