Appellate Division: Second Judicial Department

M297213

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-00813 Patrick Rosato, etc., respondent, v Jeanne Rosato Avalos, etc., appellant. (Index No. 61260/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 6, 2022. Motion by the appellant, inter alia, for the assignment of counsel. Application by the appellant to extend the time to perfect the appeal. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying reargument.

Upon the papers filed in support of the motion by the appellant and the application and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant, inter alia, for the assignment of counsel is denied; and it is further,

ORDERED that the application to extend the time to perfect the appeal is granted, and on or before July 22, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion to dismiss the appeal on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

BARROS, J.P., FORD, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court