Appellate Division: Second Judicial Department

M290249

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LILLIAN WAN, JJ.

2020-07838 John Sagaria, appellant, v Cynthia Sagaria, respondent. (Index No. 8102/2013)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Orange County, dated December 4, 2020. Motion by the attorney for the child, inter alia, 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. Cross-motion by the appellant, inter alia, to relieve the attorney for the child and to appoint a new attorney for the child. Motion by the respondent, inter alia, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion by the attorney for the child which is to extend the time to serve and file a brief is granted, on or before August 28, 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 the motion is otherwise denied; and it is further,

ORDERED that the cross-motion by the appellant is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before August 28, 2023, the respondent shall serve and file the respondent's 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 the motion is otherwise denied.

DUFFY, J.P., CHRISTOPHER, GENOVESI and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court