Appellate Division: Second Judicial Department

M289129

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2022-02658 In the Matter of M. F., etc., appellants, v Andrew M. Cuomo, etc., et al., respondents. (Index No. 607277/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated March 21, 2022. Joint motion by the respondents to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a respondents' brief is granted to the extent that on or before June 21, 2023, the respondents Andrew M. Cuomo and New York State Department of Health shall serve and file the their 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 that branch of the motion is otherwise denied.

BRATHWAITE NELSON, J.P., MALTESE, DOWLING and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court