| Matter of Merritt v Merritt |
| Motion No: 2018-10431 |
| Slip Opinion No: 2018 NY Slip Op 91113(U) |
| Decided on December 14, 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
M258283
E/afa
JOHN M. LEVENTHAL, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-10431 In the Matter of Mark Merritt, appellant, v Giovanna Merritt, respondent. (Docket Nos. F-10750-14/15C & /16F & G, F-07031-14-17L & /18M)
| DECISION & ORDER ON MOTION |
Appeal by Mark Merritt from an order of the Family Court, Westchester County, dated August 22, 2018. By order to show cause dated October 26, 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 September 14, 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 (22 NYCRR 670.3[b]), 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 extended until February 13, 2019.
LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court