| Matter of Orange County Department of Social Services v Marvin |
| Motion No: 2018-09569 |
| Slip Opinion No: 2019 NY Slip Op 63929(U) |
| Decided on February 25, 2019 |
| 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
M259507
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-09569, 2018-11401 In the Matter of Orange County Department of Social Services, etc., respondent, v Mark C. Marvin, appellant. (Docket No. F-02186-00/18J)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated January 22, 2019, in the above-entitled matter, under Appellate Division Docket No. 2018-11401, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeals by Mark C. Marvin from two orders of the Family Court, Orange County, dated August 1, 2018, and August 28, 2018, respectively. By order to show cause dated December 11, 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 from the order dated August 28, 2018, in the above-entitled proceeding for failure to comply with a scheduling order dated October 11, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][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.
DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court