Appellate Division: Second Judicial Department

M195554

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2015-02067 Ami Fuse Liverance, appellant, v Eric Liverance, respondent. (Index No. 12677/11)

DECISION & ORDER ON MOTION

Appeal by Ami Fuse Liverance from an interlocutory judgment of the Supreme Court, Westchester County, dated January 6, 2015. By order to show cause dated May 14, 2015, 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 March 27, 2015, 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 file an affirmation or affidavit in accordance with the scheduling order dated March 27, 2015, is extended until August 14, 2015; and it is further,

ORDERED that if the appellant fails to file the affidavit or affirmation on or before August 14, 2015, as set forth above, the Court will dismiss the appeal, without further notice.

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court