Appellate Division: Second Judicial Department

M280382

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-05790 In the Matter of John Sagaria, appellant, v Cynthia Sagaria, respondent. (Docket No. V-1413-2021/2021A)

DECISION & ORDER ON MOTION

Appeal by John Sagaria from an order of the Family Court, Orange County, dated July 20, 2021. By order to show cause dated September 24, 2021, 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 13, 2021, 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) 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 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 February 3, 2022.

CHAMBERS, J.P., CHRISTOPHER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court