Appellate Division: Second Judicial Department

M273737

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2020-05706 In the Matter of Josette Santana, appellant, v Vincent Pena, respondent. (Docket No. O-00210-2020)

DECISION & ORDER ON MOTION

Appeal by Josette Santana from an order of the Family Court, Orange County, dated January 30, 2020. By order to show cause dated September 23, 2020, 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 August 5, 2020, 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; and it is further,

ORDERED that pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]), 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 1250.9[a][5]), serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until December 28, 2020, and the appellant shall file an original and five hard copies of the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court