Suzanne Qq. v. Ben Rr.

Full title: In the Matter of SUZANNE QQ., Respondent, v. BEN RR., Appellant.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 2, 2017

2017 N.Y. Slip Op. 66866 (N.Y. App. Div. 2017)

Opinion

Motion No: 523329

03-02-2017

In the Matter of SUZANNE QQ., Respondent, v. BEN RR., Appellant.

McCarthy, J.P., Lynch, Devine and Aarons, JJ., concur.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Cross motion to dismiss the appeal for lack of appealability and for failure of prosecution.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion to dismiss for lack of appealability is denied, without costs, and the notice of appeal is treated as valid with respect to the order of Ulster County Family Court dated May 9, 2016 (see CPLR 5520 [c]), and it is further

ORDERED that the motion is granted, without costs, and the time to perfect the appeal is extended to May 1, 2017, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall filed and serve a record on appeal and brief on or before May 1, 2017, in which event the cross motion to dismiss for failure of prosecution is denied.

McCarthy, J.P., Lynch, Devine and Aarons, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court