Appellate Division: Second Judicial Department

M178509

E/sl

THOMAS A. DICKERSON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2014-04332 In the Matter of Suzi M. Rodriguez, respondent, v Andrew Liegey, appellant. (Docket Nos. V-4961-11/12C, O-4127-11)

DECISION & ORDER ON MOTION

Appeal by Andrew Liegey from an order of the Family Court, Orange County, dated March 13, 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 12, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant, inter alia, for leave to file late opposition to the motion to dismiss the appeal, and, in effect, to extend his time to comply with the scheduling order dated May 12, 2014.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers filed in opposition or in relation thereto, it is

ORDERED that the branch of the appellant's motion which is for leave to file late opposition to the motion to dismiss the appeal is granted; and it is further,

ORDERED that the branch of the appellant's motion which is, in effect, to extend the time to comply with the scheduling order dated May 12, 2014, is granted, and the appellant's time to comply with the scheduling order is extended until November 13, 2014; and it is further,

ORDERED that the appellant's motion is otherwise denied; and it is further,

ORDERED that the motion to dismiss the appeal is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court