Appellate Division: Second Judicial Department

M263154

E/mm

WILLIAM F. MASTRO, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-00650 In the Matter of Jayson A. Harrington, respondent, v Jessica M. Tullo, appellant. (Docket No. V-5248/15)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Dutchess County, dated October 23, 2018, for failure to settle the transcripts of the proceedings, and to impose a sanction upon the appellant and her attorney.

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

ORDERED that the branch of the motion which is to dismiss the appeal for failure to settle the transcripts of the proceedings is denied on condition that on or before July 15, 2019, the appellant settle the transcripts of the proceedings and serve and file a supplemental record containing an errata sheet or the properly settled transcript, or advise this Court, in writing, that no changes to the transcripts contained in the record filed March 5, 2019, are necessary; and it is further,

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

ORDERED that pursuant to § 670.3(b)(2) of the rules of this Court (see 22 NYCRR 670.3[b][2]), the time for the respondent and the attorney for the child to serve and file a brief is extended until August 14, 2019, and the briefs of the respondent and the attorney for the child shall be served and filed on or before that date.

MASTRO, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court