Opinion
2011-04674 Docket No. V-5313-10/10A V-4911-10/10A O-4010/10 O-5450/11 M124860
08-24-2011
In the Matter of Teri Ann Eddington, appellant- respondent, v. Derek Michael McCabe, respondent-appellant.
, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
Appeal by Teri Ann Eddington and cross appeal by Derek Michael McCabe from an order of the Family Court, Orange County, dated April 1, 2011. By order to show cause dated July 18, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Teri Ann Eddington in the above-entitled proceeding for failure to comply with a scheduling order dated June 2, 2011, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]).
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.
DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court