Appellate Division: Second Judicial Department

M275605

E/mb

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-01493, 2019-01494 In the Matter of Carlos Pena, appellant, v Sandy Chadee, respondent. (Docket Nos. F04514-2014/2014A, F-04514/2014/2014B)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated February 10, 2021, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Family Court, Richmond County, dated January 3, 2019, and January 11, 2019, respectively. Motion by the respondent to dismiss the appeals on the ground that they have been rendered academic, or in the alternative, for an extension of time to serve and file a brief.

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 appeals on the ground that they have been rendered academic is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before March 15, 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.

DILLON, J.P., HINDS-RADIX, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court