Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276216

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2020-07766, 2020-07767 In the Matter of Maria Martucci, respondent, v Biagio Nerone, appellant. (Docket No. F-4838-2015/2019I)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Richmond County, dated September 10, 2020, and October 8, 2020, respectively. Motion by the appellant for leave to serve and file a replacement brief. Cross motion by the respondent to dismiss the appeals on the ground that they have been rendered academic by an order of the Family Court, Richmond County, dated January 28, 2021, or to hold the appeals in abeyance pending further proceedings in the Family Court, Richmond County.

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

ORDERED that the motion is granted and on or before April 2, 2021, the appellant shall serve a replacement brief in the form attached as Exhibit A to the appellant's motion papers, but which also complies with the rules of the Court (see 22 NYCRR 1250.8) and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the replacement brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the cross motion is 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, and on or before May 3, 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 the respondent shall 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.

CHAMBERS, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court