Matter of Harrington v Tullo
Motion No: 2019-00650
Slip Opinion No: 2019 NY Slip Op 81241(U)
Decided on October 8, 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

M266458

E/slWILLIAM 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 appellant to extend the time to comply with a decision and order on motion of this Court dated May 31, 2019, on an appeal from an order of the Family Court, Dutchess County, dated October 23, 2018. Motion by the respondent to waive the motion filing fee, to dismiss the appeal, and to impose a sanction upon the appellant and her attorney.

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

ORDERED that the appellant's motion is granted and the appellant shall 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, on or before November 7, 2019; and it is further,

ORDERED that the branch of the respondent's motion which is to waive the motion filing fee is denied; and it is further,

ORDERED that the respondent's motion is otherwise dismissed without prejudice to making a motion for the relief sought, upon payment of the motion filing fee.

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

ENTER:

Aprilanne Agostino

Clerk of the Court