Appellate Division: Second Judicial Department

M291327

AFA/

BETSY BARROS, J.P.

FRANCESCA E. CONNOLLY

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2022-04918 Stefanie Davidoff, appellant-respondent, v Jonathan Davidoff, respondent-appellant. (Index No. 61571/2018)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the Supreme Court, Westchester County, dated May 3, 2022. Motion by the appellant-respondent to dismiss the cross-appeal based upon the respondent-appellant's failure to pay his one-half share of the cost of the joint record and for an award of costs. Separate motion by the appellant-respondent to extend the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to dismiss the cross-appeal is denied on the condition that on or before October 30, 2023, the respondent-appellant pay his one-half share of the cost of the joint record as reflected in the invoice annexed to the motion as Exhibit 1 (see 22 NYCRR 1250.9[f][1][ii]) and files proof of payment with the Acting Clerk of this Court via e-mail to [email protected]; and it is further,

ORDERED that the branch of the motion which is for an award of costs is denied; and it is further,

ORDERED that the motion to extend the time to serve and file a reply brief is granted, and on or before October 30, 2023, the appellant-respondent shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted.

BARROS, J.P., CONNOLLY, MILLER and WOOTEN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court