Appellate Division: Second Judicial Department

M253667

E/mm

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-04337 In the Matter of Robert L. Werner, appellant, v Heather Mazzenga, etc., respondent. (Docket Nos. F-1222-09/17H, F-1222-09/17I, F-1222-09/17K, F-1282-09/17A, F-1282-09/17B, V-2133-17/17A, V-2133-17/17B, V-2133-17/17C)

DECISION & ORDER ON MOTION

Appeal by Robert L. Werner from an order of the Family Court, Rockland County, dated February 28, 2018. By order to show cause dated June 5, 2018, 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 April 25, 2018, 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 September 6, 2018.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court