Matter of Guy v Weichel
Motion No: 2016-08067
Slip Opinion No: 2018 NY Slip Op 70924(U)
Decided on April 30, 2018
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

M249327

E/afa

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2016-08067

In the Matter of Donovan D. Guy, respondent,

v Melonie F. Weichel, appellant.

(Docket Nos. V-1059-11/15B, V-1059-11/15C)

ORDER TO SHOW CAUSE

2018-02084, 2018-02103

In the Matter of Donovan Devon Guy, respondent,

v Melonie Frances Weichel, appellant.

(Docket Nos. V-1059-11, V-1059-11/15B)

Motion by the respondent on appeals from three orders of the Supreme Court, Kings County (IDV Part), one dated June 3, 2016, and two dated December 14, 2017, inter alia, to dismiss the appeal from the order dated June 3, 2016, or, in the alternative, to enlarge the time to serve and file a brief in connection with that appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated December 14, 2017, entitled "So Ordered of Custody and Visitation," under Appellate Division Docket No. 2018-02103, on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before May 23, 2018; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief in connection with the appeal from the order dated June 3, 2016, is granted, the respondent's time to serve and file a brief is enlarged until May 30, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court