Appellate Division: Second Judicial Department

M291887

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2023-00983 Glenn Alan Jahier, et al., respondents, v Donna Sue Jahier, appellant. (Index No. 8264/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated January 23, 2023. Motion by the respondents to dismiss the appeal, inter alia, on the ground that it has been rendered academic. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the application 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 the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and on or before December 29, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court