| Matter of Fitzsimmons v Fitzsimmons |
| Motion No: 2019-07672 |
| Slip Opinion No: 2021 NY Slip Op 74404(U) |
| Decided on November 12, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M280064
MB/
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2019-07672, 2019-07674 In the Matter of Michael D. Fitzsimmons, appellant, v Cheryl Fitzsimmons, respondent. (Docket Nos. O-18507-2017, V-14103-2016/2017B, V-14104-2016/2017B, V-14103-2016/2019C, V-14104-2016/2019C)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Family Court, Suffolk County, both dated June 10, 2019. Motion by the respondent to dismiss the appeals on the ground that they have been rendered academic or to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, and on or before December 13, 2021, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
CHAMBERS, J.P., HINDS-RADIX, MILLER and CONNOLLY, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court