Appellate Division: Second Judicial Department

M281681

MB/

ANGELA G. IANNACCI, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2021-03388 In the Matter of Carlos Miller, etc., deceased. Stephanie Miller, respondent-appellant; Lakeisha Miller, appellant-respondent. (File No. 644/2017)

DECISION & ORDER ON MOTION

Appeal from a decree of the Surrogate's Court, Dutchess County, dated April 29, 2021, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to extend the time to serve and file an answering brief.

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

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 30, 2022, the appellant-respondent shall serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application is granted and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv]).

IANNACCI, J.P., ROMAN, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court