Appellate Division: Second Judicial Department

M266754

E/afa

SHERI S. ROMAN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-11834 In the Matter of Shamel B. (Anonymous), appellant, v Jasmin C. (Anonymous), respondent. (Docket Nos. P-3293-18/18A, P-3297-18/18A)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated September 4, 2018, based upon the fugitive disentitlement doctrine and for failure to provide her with the settled transcripts of the proceedings which occurred on March 29, 2018, and June 19, 2018.

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

ORDERED that the branch of the motion which is to dismiss the appeal based upon the fugitive disentitlement doctrine is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal for failure to provide the respondent with the settled transcripts of the proceedings which occurred on March 29, 2018, and June 19, 2018, is denied on condition that on or before November 18, 2019, the appellant serve the respondent with the properly settled transcripts of those proceedings and file an errata sheet detailing any changes to the transcripts of those proceedings or an affirmation or affidavit stating that no changes are necessary; 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 December 18, 2019, and the respondent's brief shall be served and filed on or before that date.

ROMAN, J.P., MILLER, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court