Matter of Reyes v Fisher
Motion No: 2018-08442
Slip Opinion No: 2019 NY Slip Op 78354(U)
Decided on August 21, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M265404

E/mm

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-08442

In the Matter of Maria I. Reyes, respondent,

v Anthony Fisher, Sr., appellant.

(Docket No. V-11073-15)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 9, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the attorney for the child to dismiss an appeal from an order of the Family Court, Suffolk County, dated June 7, 2018, on the ground that it has been rendered academic or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to extend the attorney for the child's time to serve and filed a brief is granted, the attorney for the child's time to serve and file a brief is extended until September 9, 2019, and the brief shall be served and filed on or before that date; and it is further,

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

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the respondent's time to serve and file a brief is extended until September 9, 2019, and the respondent's brief shall be served and filed on or before that date.

CHAMBERS, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court