| Matter of Haxhaj v Vazquez |
| Motion No: 2021-06506 |
| Slip Opinion No: 2023 NY Slip Op 77515(U) |
| Decided on December 1, 2023 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M292689
AFA
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2021-06506 In the Matter of Shpresim Haxhaj, appellant, v Nailah Juanita Vazquez, respondent. (Proceeding No. 1) In the Matter of Nailah Juanita Vazquez, respondent, v Shpresim Haxhaj, appellant. (Proceeding No. 2) (Docket Nos. V-1057-2020, V-1237-2020)
| DECISION & ORDER ON MOTION |
2021-06994
In the Matter of Shpresim Haxhaj, appellant,
v Nailah Juanita Vazquez, respondent.
(Docket No. F-16736-2019/2021B)
Appeals by Shpresim Haxhaj from two orders of the Family Court, Westchester County, dated July 27, 2021, and August 20, 2021, respectively, which were dismissed by decisions and orders on motion of this Court dated June 7, 2023, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.3[b][2]) and prior orders of the Court. Motion by the appellant to vacate the dismissal of the appeal from the order dated July 27, 2021, and to extend the time to perfect that appeal. Separate motion by the appellant to vacate the dismissal of the appeal from the order dated August 20, 2021, and to extend the time to perfect that appeal. Separate motion by the appellant to stay enforcement of the orders, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions to vacate the dismissal of the appeals are granted, the dismissal of the appeals is vacated, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Acting Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's briefs, and uploading a digital copy of the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website, is extended until January 30, 2024; and it is further,
ORDERED that the motion to stay enforcement of the orders, pending hearing and determination of the appeals, is denied.
IANNACCI, J.P., MILLER, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court