Appellate Division: Second Judicial Department

M294754

AFA/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2023-00689 In the Matter of Lucy S. (Anonymous), respondent-respondent; Eric Joseph, petitioner, Marianna Sarkis Bentley, et al., cross-petitioners; Meltzer, Lippe, Goldstein & Breitstone, LLP, nonparty-appellant; Margaret Carasaniti Andreo, et al., non-party-respondents. (Index No. 85194/20021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated December 7, 2022. Motion by the appellant, inter alia, to strike the respondent-respondent's brief and appendix on the ground that they refer to and contain matter dehors the record or, in the alternative, to strike stated portions of the brief and appendix on the ground that they refer to and contain matter dehors the record, and to extend the time to serve and file a reply brief. Cross-motion by the respondent-respondent to dismiss the appeal on the ground that it has been rendered academic.

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

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before March 18, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion is otherwise denied; and it is further

ORDERED that the cross-motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LASALLE, P.J., CHAMBERS, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court