Appellate Division: Second Judicial Department

M234636

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2016-12423 In the Matter of Alicia Jagnarain, petitioner, v Paul Aponte, respondent; Amal Oummih, etc., nonparty-appellant; David Badanes, etc., nonparty-respondent. (Proceeding No. 1) In the Matter of Paul Aponte, petitioner, v Alicia Jagnarain, respondent; Amal Oummih, etc., nonparty-appellant; David Badanes, etc., nonparty-respondent. (Proceeding No. 2) (Docket Nos. V-6604-16, V-4433-16)

DECISION & ORDER ON MOTION

Appeal by Amal Oummih from an order of the Family Court, Nassau County, dated October 27, 2016. By order to show cause dated June 7, 2017, 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 proceedings for failure to comply with a scheduling order dated December 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 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 nonparty-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 September 18, 2017.

BALKIN, J.P., MILLER, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court