Appellate Division: Second Judicial Department

M262951

E/mm

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-10422 In the Matter of Vanessa Pritchard, appellant, v Fernando Coelho, respondent. (Docket Nos. V-447-13, V-3441-13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Richmond County, dated August 1, 2018, for failure to serve the respondent with a copy of the transcripts of the proceedings and a copy of the appellant's brief filed with the Clerk of this Court, for an award of costs and an attorney's fee, and/or to extend the time to serve and file a brief. Separate motion by the attorney for the child, in effect, to direct that the appellant serve the attorney for the child with a copy of missing transcripts and to extend the time to serve and file a brief.

Upon the papers filed in support of the respondent's motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the attorney for the child's motion and the papers filed in relation thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied on condition that on or before June 21, 2019, the appellant serve the respondent with a copy of the transcripts of the proceedings and a copy of the appellant's brief filed with the Clerk of this Court; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until July 22, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the branch of the attorney for the child's motion which is, in effect, to direct that the appellant serve the attorney for the child with a copy of missing transcripts is denied without prejudice to renew upon proper papers specifying the dates of the missing transcripts; and it is further,

ORDERED that the branch of the attorney for the child's motion which is to extend the attorney for the child's time to serve and file a brief is granted, the attorney for the child's time to serve and file a brief is extended until July 22, 2019, and the attorney for the child's brief shall be served and filed on or before that date.

MASTRO, J.P., BALKIN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court