Appellate Division: Second Judicial Department

M286284

AFA/

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

LINDA CHRISTOPHER

HELEN VOUTSINAS, JJ.

2020-06514 Maria Anna Pennisi, respondent, v Ha Dong Nguyen, appellant. (Index No. 506710/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 7, 2020. Motion by the respondent to dismiss the appeal as untimely taken and for failure to timely serve her with the record and the appellant's brief, or in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant to extend the time to serve the respondent with the record and the appellant's brief.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the cross motion is granted, and on or before December 22, 2022, the appellant shall serve the respondent with the record and the appellant's brief; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, and on or before January 23, 2023, the respondent shall serve and file her 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.

DUFFY, J.P., RIVERA, CHRISTOPHER and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court