Stephanie Q. v. Walter R.

Full title: In the Matter of STEPHANIE Q., Respondent, v. WALTER R., Appellant.

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

Date published: Apr 1, 2019

2019 N.Y. Slip Op. 67312 (N.Y. App. Div. 2019)

Opinion

Motion No: 528244

04-01-2019

In the Matter of STEPHANIE Q., Respondent, v. WALTER R., Appellant.

Garry, P.J., Devine, Aarons and Rumsey, JJ., concur.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal.

Motion to dismiss appeal for failure of prosecution and as moot.

Upon the papers filed in support of the motion and the papers filed in opposition to the motion to dismiss, it is

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, the dismissal of the appeal is vacated (see 22 NYCRR 1250.10 [c]), and the time to perfect the appeal is extended to May 1, 2019, and it is further

ORDERED that the motion to dismiss the appeal for failure of prosecution is denied, without costs, and it is further

ORDERED that the motion to dismiss the appeal as moot is denied, without costs, and without prejudice to the issue involved being raised upon argument of the appeal.

Garry, P.J., Devine, Aarons and Rumsey, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court