Appellate Division: Second Judicial Department

M299060

ID/

ROBERT J. MILLER, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2024-03180 In the Matter of Michael Hugo, appellant, v Mary Benavides, respondent. (Docket No. F-6073-2022/2023C)

DECISION & ORDER ON MOTION

Appeal by Michael Hugo from an order of the Family Court, Suffolk County, dated March 19, 2024. By order to show cause dated July 1, 2024, 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 May 10, 2024, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on 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 via NYSCEF, if applicable, or, if NYSCEF is not mandated, 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 October 9, 2024.

MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court