IN THE MATTER OF NIASIA S. JIGGETTS V RAJEA S. THOMAS, SR.
Motion No: CAF 24-00019, CAF 24-00583
Slip Opinion No: 2024 NY Slip Op 66248(U)
Decided on April 16, 2024
Appellate Division, Fourth 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.


April 16, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

CAF 24-00019, CAF 24-00583
Docket Nos: V-353-19/23E, V-846-22/23A

IN THE MATTER OF NIASIA S. JIGGETTS, PETITIONER-APPELLANT,

V

RAJEA S. THOMAS, SR., RESPONDENT-RESPONDENT.


An appeal having been taken herein from an order of the Family Court, Genesee County, entered December 13, 2023, and petitioner-appellant having moved, pursuant CPLR 5520, for an extension of time to serve the notice of appeal on the attorneys for the children and for an order treating the notice of appeal as valid as to the Order of Dismissal entered December 13, 2023,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to serve the notice of appeal is granted on the condition that the notice of appeal is served on the attorneys for the children on or before April 30, 2024, and

It is further ORDERED that the appeal insofar as taken from the Order of Dismissal (CAF 24-00583) is dismissed on the ground that the Order of Dismissal is duplicative of the Decision and Order appealed from, also entered December 13, 2023 (CAF 24-00019), and

It is further ORDERED the motion insofar as it seeks an order treating the notice of appeal as valid as to the Order of Dismissal is dismissed.

Entered: April 16, 2024

Ann Dillon Flynn

Clerk of the Court