Appellate Division: Second Judicial Department

M283863

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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 27, 2022, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 the cross motion is granted, the opposition to the respondent's motion is accepted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until August 5, 2022.

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

ENTER:

Maria T. Fasulo

Clerk of the Court