Appellate Division: Second Judicial Department

M294790

AFA/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2019-13783 Nicole Bailey, respondent, v David Bailey, appellant. (Index No. 63168/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, dated September 27, 2019. Motion by the attorney for the children to dismiss so much of the appeal as concerns custody and visitation, inter alia, on the ground that it has been rendered academic or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 April 10, 2024, the attorney for the children shall serve and file a 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.

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

ENTER:

Darrell M. Joseph

Acting Clerk of the Court