| Matter of English v Smith |
| Motion No: 2018-07362 |
| Slip Opinion No: 2018 NY Slip Op 85948(U) |
| Decided on October 12, 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. |
Appellate Division: Second Judicial Department
M256301
E/mmRUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2018-07362 In the Matter of Mary English, respondent, v Peter S. Smith, appellant. (Docket No. F-7347-17/17A)
| DECISION & ORDER ON MOTION |
Appeal by Peter S. Smith from an order of the Family Court, Suffolk County, dated May 24, 2018. By order to show cause dated September 4, 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 proceeding for failure to comply with a scheduling order dated June 28, 2018.
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 § 670.3(b) of the rules of this Court (see 22 NYCRR 670.3[b]), the 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 1250.9[a][5]), and by serving and filing a brief on the appeal is enlarged until November 13, 2018.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court