Rudolf v Rudolf
Motion No: 2022-04332
Slip Opinion No: 2023 NY Slip Op 79263(U)
Decided on December 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M293178

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2022-04332

Karen Rudolf, appellant-respondent,

v Robin Septon Rudolf, respondent-appellant.

(Index No. 605794/2020)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated May 2, 2022. Motion by the respondent-appellant to dismiss the appeal on the ground that the joint record is inadequate or, in the alternative, to extend the time for the respondent-appellant to serve and file an answering brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file an answering brief is granted, and on or before January 2, 2024, the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court