Appellate Division: Second Judicial Department

M293833

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2021-04189 In the Matter of Silda E. H. (Anonymous). Michael H. (Anonymous), petitioner-appellant; Patrice H. (Anonymous), petitioner-respondent; Marc Freedman, etc., et al., nonparty-respondents. (Index No. 100311/2004)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 30, 2020. Motion by the nonparty-respondents to dismiss the appeal for failure to timely perfect and on the ground that the appendix is inadequate or, in the alternative, to strike the appendix and compel the appellants to serve and file a supplemental appendix that includes certain material, and to extend the time to serve and file a 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 strike the appendix and compel the appellants to serve and file a supplemental appendix that includes certain material, is denied without prejudice to the nonparty-respondents serving and filing a respondents' appendix (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before February 28, 2024, the nonparty-respondents shall serve and file their 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.

CONNOLLY, J.P., MALTESE, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court