Appellate Division: Second Judicial Department

M283473

MB/

MARK C. DILLON, J.P.

FRANCESCA E. CONNOLLY

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2021-06575 In the Matter of Megan L. Heppler, appellant, v Robert C. Oelsner, respondent. (Docket Nos. V-00723-2016/2019G, V-00723-2016/2019F, V-00723-2016/2020H)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Suffolk County, dated August 19, 2021. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to settle the transcripts of the proceedings. Cross motion by the appellant for leave to serve and file a late opposition to the respondent's motion and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, within 15 days after the date of this order, the appellant is directed to file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcripts from the proceedings held on April 28, 2021, and July 13, 2021, have been ordered and paid for, the date thereof, and the date by which the transcripts are expected; and it is further,

ORDERED that the cross motion is granted, the opposition to the respondent's motion is accepted, and on or before July 27, 2022, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CONNOLLY, ROMAN and MALTESE, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court