Opinion
Motion No: 2011-11095 Docket No. F-2862/10 M134711
03-13-2012
In the Matter of Tracy McNair, respondent, v. Daniel J. Fenyn, appellant.
, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Appeal by Daniel J. Fenyn from an order of the Family Court, Westchester County, dated October 25, 2011. By order to show cause dated February 3, 2012, 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 in the above-entitled proceeding for failure to comply with a scheduling order dated December 19, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][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 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 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 16, 2012.
RIVERA, J.P., LEVENTHAL, CHAMBERS and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court