Appellate Division: Second Judicial Department

M291754

AFA/

JOSEPH J. MALTESE, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2022-00487 In the Matter of Nancy Nunziata, etc., petitioner-respondent, v William McEnaney, respondent-appellant, Nancy K. (Anonymous), respondent-respondent, et al., respondents. (Index No. 850023/2021)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered December 27, 2021. Motion by the respondent Nassau County Department of Social Services to dismiss the appeal on the ground that the appendix is inadequate. Separate motion by the respondent Nassau County Department of Social Services to extend the time to serve and file a brief. Cross-motion by the appellant to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed support of the motion to extend the time to serve and file a brief and the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted to the extent that on or before November 22, 2023, the appellant shall serve and file a replacement appendix containing the full trial transcript, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement appendix and upload a digital copy of the replacement appendix, 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 motion to extend the time to serve and file a respondent's brief is granted, and on or before December 22, 2023, the respondent Nassau County Department of Social Services 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 it is further,

ORDERED that the cross-motion to extend the time to serve and file a reply brief is granted, and on or before January 2, 2024, the appellant 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.

MALTESE, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court