Matter of Mortimer v Mortimer
Motion No: 2023-00234
Slip Opinion No: 2024 NY Slip Op 70265(U)
Decided on June 28, 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

M297369

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2023-00234

In the Matter of Jennifer Mortimer, respondent,

v Martin Mortimer, appellant.

(Docket Nos. O-605-2021, V-670-2021/2021A,

V-670-2021/2021B)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Putnam County, dated December 2, 2022. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the appeal was not timely perfected or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the 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 brief is granted, and on or before July 29, 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 it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court