Matter of Silverman v Leibowitz
Motion No: 2021-08998
Slip Opinion No: 2022 NY Slip Op 69703(U)
Decided on August 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M284336

MB/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH A. ZAYAS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2021-08998

In the Matter of Joel Silverman, appellant,

v Heidi S. Leibowitz, respondent.

(Docket No. O-1741-2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Rockland County, dated September 1, 2021. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant failed to serve the brief and appendix on the respondent, or in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal 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 September 7, 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.

BRATHWAITE NELSON, J.P., ZAYAS, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court