Appellate Division: Second Judicial Department

M274261

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2020-06448 In the Matter of Frantz Toussaint, appellant, v Marie Doucey, respondent. (Docket Nos. V-08875-2020/2020A, V-08874-2020/2020A)

DECISION & ORDER ON MOTION

Appeal by Frantz Toussaint from an order of the Family Court, Kings County, dated August 14, 2020. By order to show cause dated October 14, 2020, the parties are 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 2, 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)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), 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]), and by serving and filing the appellant's brief is extended until January 25, 2021.

DILLON, J.P., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at [email protected] or 718-722-6488 with any questions.