Appellate Division: Second Judicial Department

M286349

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2021-09442 In the Matter of Christopher Hurley, appellant, v Giselle Martucci, respondent. (Proceeding No. 1) In the Matter of Giselle Martucci, respondent, v Christopher Hurley, appellant. (Proceeding No. 2) (Docket Nos. V-12371-2019, V-13599/2019)

DECISION & ORDER ON MOTION

Appeal by Christopher Hurley from an order of the Family Court, Kings County, dated November 17, 2021. By order to show cause dated October 5, 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 proceeding for failure to timely perfect in accordance with the scheduling order dated April 27, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

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 pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), 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 1250.5[e]), 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 January 9, 2023.

BARROS, J.P., BRATHWAITE NELSON, FORD and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court