| Matter of Genao-Archibald v Archibald |
| Motion No: 2021-04250 |
| Slip Opinion No: 2022 NY Slip Op 64068(U) |
| Decided on April 6, 2022 |
| 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
M282300
MB/
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
JOSEPH J. MALTESE
LARA J. GENOVESI, JJ.
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2021-04250, 2021-04251 In the Matter of Ramona Genao-Archibald, et al., petitioners-respondents, v Mark C. Archibald II, respondent-respondent, Angelica Lee Flores, respondent-appellant. (Docket Nos. V-1708-2019/2021C, V-1808-2019, V-1708-2019, V-00229-2018, V-00230-2018, V-02323-2012)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Family Court, Rockland County, both dated April 22, 2021. Motion by the petitioners-respondents to dismiss the appeals on the ground that they have been rendered academic and that the orders were entered upon the appellant's default or, in the alternative, to extend the 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 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 dismiss the appeals on the ground that they were entered on the appellant's default 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, and on or before May 6, 2022, the petitioners-respondents shall serve and file their respondents' 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; and it is further,
ORDERED that on the Court's own motion, the time of the attorney for the child to serve and file a brief is extended, and on or before May 6, 2022, the attorney for the child shall serve and file a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve a brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., DUFFY, MALTESE and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court