Matter of Wiggs v Basile
Motion No: 2019-02984
Slip Opinion No: 2019 NY Slip Op 75323(U)
Decided on July 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264533

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2019-02984

In the Matter of Sherry Wiggs, respondent,

v Christopher Basile, appellant.

(Docket No. F-7061-08/17O)

DECISION & ORDER ON MOTION

Appeal by Christopher Basile from an order of the Family Court, Westchester County, dated February 28, 2019. By order to show cause dated May 24, 2019, 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 April 4, 2019, issued pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]).

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 1250.5[e]), and by serving and filing a brief on the appeal is extended until September 16, 2019.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court