Appellate Division: Second Judicial Department

M285029

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2021-08660 C. N. (Anonymous), appellant, v West Islip Union Free School District, respondent. (Index No. 612799/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2021. By order to show cause dated April 25, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated December 10, 2021, issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, on or before November 21, 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.

IANNACCI, J.P., WOOTEN, DOWLING and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court