Appellate Division: Second Judicial Department

M288745

KS/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH A. ZAYAS

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-00724 Michele Rothman, appellant-respondent, v Alan Rothman, respondent-appellant. (Index No. 202500/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated January 18, 2022. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Michele Rothman to extend the time to perfect the appeal. Cross motion by Alan Rothman to extend the time to perfect the cross appeal (see 22 NYCRR 1250.9[f][1][iv]).

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

ORDERED that the motion by Michele Rothman is denied as the appeal has been deemed dismissed for failure to timely perfect (see 22 NYCRR 1250.10[a]); and it is further,

ORDERED that the motion by Alan Rothman is granted, the cross appeal by Alan Rothman from the judgment is deemed to be an appeal from the judgment, the time to perfect the appeal is extended, and on or before June 1, 2023, Alan Rothman shall serve and file the record or appendix and appellant's brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the record or appendix and the brief and upload digital copies of the record or appendix and the brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., ZAYAS, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court