Appellate Division: Second Judicial Department

M298230

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-08555 In the Matter of Gavin Scotti, etc., appellant, v Margery Scotti, respondent. (Index No. 59185/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated July 6, 2023. Motion by the respondent to dismiss the appeal 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 the papers filed in opposition 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 September 3, 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.

CHAMBERS, J.P., WOOTEN, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court