Appellate Division: Second Judicial Department

M224465

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-04428 In the Matter of Anna Zaydenverg, appellant, v Arcady Zaydenverg, respondent. (Docket No. V-17652-15/15A)

DECISION & ORDER ON MOTION

Appeal by Anna Zaydenverg from an order of the Family Court, Kings County, dated April 18, 2016. By order to show cause dated December 8, 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 the scheduling order dated May 23, 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)(2) of the rules of this Court (22 NYCRR 670.4[a][2]), 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 February 14, 2017; and it is further,

ORDERED that if the appellant fails to perfect the appeal on or before February 14, 2017, as set forth above, the Court may dismiss the appeal, without further notice.

BALKIN, J.P., HALL, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court