Appellate Division: Second Judicial Department

M212752

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-02198 In the Matter of Tracy McNair, appellant, v Daniel Fenyn, respondent. (Docket No. F-2862-10/13B)

DECISION & ORDER ON MOTION

Appeal by Tracy McNair from an order of the Family Court, Westchester County, dated January 22, 2016. By order to show cause dated May 2, 2016, 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 16, 2016, 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 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 August 5, 2016.

BALKIN, J.P., MILLER, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court