Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M282247

MB/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

DEBORAH A. DOWLING, JJ.

2021-04178 In the Matter of Jahmeir T. (Anonymous), appellant. (Docket No. D-3740-2020)

DECISION & ORDER ON MOTION

Appeal by Jahmeir T. from an order of the Family Court, Nassau County, dated May 21, 2021. By order to show cause dated February 2, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that no appeal lies as of right from a nondispositional order in a proceeding pursuant to Family Court Act article 3 (see Family Ct Act § 365.1[1]) and leave to appeal has not been granted. Motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order dated May 21, 2021, to be a premature notice of appeal from an order of the same court, dated July 6, 2021. Application by the respondent to extend the time to serve and file a brief.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is granted, the notice of appeal from the order dated May 21, 2021, is deemed to be a premature notice of appeal from the order dated July 6, 2021 (see CPLR 5520[c]), and the appellant's brief filed in connection with the appeal from the order dated May 21, 2021, is deemed to be filed in connection with the appeal from the order dated July 6, 2021; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, and on or before May 4, 2022, 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.

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

ENTER:

Maria T. Fasulo

Clerk of the Court