Appellate Division: Second Judicial Department

M245308

E/afa

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2017-01366 In the Matter of Freeda Mary Scudder, appellant, v Rahul Scudder, respondent. (Docket Nos. V-10494-16, V-10495-16, V-10496-16)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Nassau County, dated January 4, 2017, to include certain orders from proceedings which occurred in the State of Florida and to enlarge the time to serve and file a reply brief. Separate motion by the respondent to dismiss the appeal on the ground that it has been rendered academic.

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

ORDERED that the branch of the appellant's motion which is to enlarge the record is granted to the extent that this Court shall take judicial notice of an order of the District Court of Appeal of the State of Florida, Second District, dated December 20, 2016, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until February 13, 2018, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court