Appellate Division: Second Judicial Department

M284458

MB/

MARK C. DILLON, J.P.

REINALDO E. RIVERA

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2022-00398, 2022-01909 In the Matter of Melanie Collins, respondent, v Jerrod Lang, appellant. (Proceeding No. 1) In the Matter of Jerrod Lang, respondent-appellant, v Melanie Collins, appellant-respondent. (Proceeding No. 2) (Docket Nos. O-958-2020, V-1147/1149-2019/2020A V-1147/1149-2019/2020B, V-1147/1149-2019/2020 O-958-2020/2020A, O-4533-2020)

DECISION & ORDER ON MOTION , C,

Appeal by Jerrod Lang from a decision of the Family Court, Orange County, dated November 22, 2021, which was dismissed by decision and order on motion of this Court dated January 24, 2022. Motion by Jerrod Lang, in effect, to vacate the decision and order on motion of this Court dated January 24, 2022, and to deem the notice of appeal from the decision to be a notice of appeal from an order of protection of the same court dated November 22, 2021, and a notice of cross appeal from an order modifying custody after trial of the same court dated November 23, 2021.

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

ORDERED that the motion is granted, the notice of appeal from the decision is deemed to be a notice of appeal from the order of protection dated November 22, 2021, and deemed to be a notice of cross appeal from the order modifying custody after trial dated November 23, 2021 (see CPLR 5512[a]), the appeal from the order of protection dated November 22, 2021, will be prosecuted under Appellate Division Docket No. 2022-00398, and the cross appeal from the order modifying custody after trial dated November 23, 2021, will be prosecuted under Appellate Division Docket No. 2022-01909.

DILLON, J.P., RIVERA, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court