Appellate Division: Second Judicial Department

M274464

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

BETSY BARROS, JJ.

2019-10154 In the Matter of Elliot M. Hirsch, appellant, v Isaac Kairey, respondent. (Docket No. O-15230-2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated August 22, 2019. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant failed to settle the transcript of the proceedings and for failure to comply with the decision and order on motion of this Court dated August 17, 2020.

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 is denied on condition that on or before January 19, 2021, the appellant (1) settle the transcript of the proceedings pursuant to CPLR 5525(c) and CPLR 5525(c)(3), and (2) either file the settled transcript with the Clerk of this Court or file, via email to [email protected], an affidavit stating that no changes were made to the unsettled transcript previously filed; and it is further,

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

ORDERED that pursuant to 22 NYCRR 670.3(b)(2), the respondent's time to serve and file a brief is extended, and on or before February 18, 2021, the respondent shall serve the respondent's brief and upload a digital copy of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., AUSTIN, LEVENTHAL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court