Matter of Fauconier v Fauconier
Motion No: 2015-03814
Slip Opinion No: 2016 NY Slip Op 60434(U)
Decided on January 7, 2016
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

M204007

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2015-03814

In the Matter of Delsa Fauconier, respondent,

v Cory Fauconier, appellant.

(Docket No. F-1485-00/13R)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Richmond County, dated April 23, 2015, on the ground that the appellant has waived the right to appeal under the fugitive disentitlement doctrine.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the time for the respondent to serve and file a brief on the appeal is enlarged until February 3, 2016, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court