Matter of Brown v Spencer
Motion No: 2016-05494
Slip Opinion No: 2016 NY Slip Op 86347(U)
Decided on September 22, 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

M218541

E/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-05494, 2016-05497 MOTION

In the Matter of Michael D. Brown, appellant,

v Tracey Spencer, respondent.

(Proceeding No. 1)

In the Matter of Tracey Spencer, respondent,

v Michael D. Brown, appellant.

(Proceeding No. 2)

(Docket Nos. O-5381-15, O-5963-15)

DECISION & ORDER ON

Appeals by Michael D. Brown from two orders of the Family Court, Westchester County, both dated April 25, 2016. By order to show cause dated August 3, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated June 21, 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 appeals is denied; and it is further,

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until November 21, 2016.

RIVERA, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court