Bos v Bos
Motion No: 2021-05255
Slip Opinion No: 2024 NY Slip Op 61770(U)
Decided on February 5, 2024
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

M294012

KS/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2021-05255, 2021-05418, 2021-05420,

2021-05422

Caitlin Fitzrandolph Bos, appellant,

v Gerard Pierpont Bos, respondent

(Index No. 2095/2016)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Westchester County, three dated July 20, 2021, and one dated July 22, 2021, respectively. Motion by the appellant to extend the time to comply with a decision and order on motion of this Court dated January 6, 2023. Cross-motion by the respondent, inter alia, to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated January 6, 2023, or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the motion is granted, and on or before March 6, 2024, the appellant shall serve and file, via NYSCEF, a replacement appendix which contains the settled transcript of the proceedings of the custody trial as well as all of the exhibits entered into evidence at the custody trial, and which does not contain the materials contained on pages A.1548 through A.1685 of the appendix; and it is further,

ORDERED that the cross-motion is granted to the extent that on or before April 5, 2024, the respondent 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 the cross-motion is otherwise denied.

IANNACCI, J.P., MALTESE, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court