Appellate Division: Second Judicial Department

M287722

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

BARRY E. WARHIT, JJ.

2021-03386 In the Matter of Vivian Josiah, appellant, v Lavon London, respondent. (Docket Nos. V-02449-2007/2020U, V-02450-2007/2020U, V-02532-2009/2020U)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Dutchess County, dated April 14, 2021. Motion by the attorney for the child to extend the time to serve and file a brief. Motion by the respondent, in effect, to enlarge the record to include certain material or, in the alternative, for this Court to take judicial notice of that material.

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

ORDERED that the attorney for the child's motion is granted, and on or before April 7, 2023, the attorney for the child shall serve and file a 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; and it is further,

ORDERED that the branch of the respondent's motion which is, in effect, to enlarge the record to include the court files for all proceedings under Family Court File No. 42826, is denied as unnecessary as such material is properly part of the record, and the respondent's motion is otherwise denied.

DILLON, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court