Appellate Division: Second Judicial Department

M208037

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-12057 In the Matter of Sharon V. Smith, appellant, v Kenneth Cooks, et al., respondents. (Docket No. V-9102-15)

DECISION & ORDER ON MOTION

Appeal by Sharon V. Smith from an order of the Family Court, Nassau County, dated October 28, 2015. By order to show cause dated February 4, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered relieving the attorney assigned by order on certification of this Court dated December 28, 2015, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to relieve assigned counsel and dismiss the appeal is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), 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 May 13, 2016.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court