Matter of B. (Anonymous), Ethan; Rockland County Department of Social
Motion No: 2023-11405
Slip Opinion No: 2024 NY Slip Op 74257(U)
Decided on September 13, 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

M299169

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2023-11405

In the Matter of Ethan B. (Anonymous).

Rockland County Department of Social Services,

petitioner-respondent; Wendy D. (Anonymous),

respondent-appellant.

(Docket No. NN-1585-2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Rockland County, dated October 20, 2023. Motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken or, in the alternative, to extend the time to serve and file a brief. Motion by the appellant, in effect, to hold the appeal in abeyance.

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

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before October 15, 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 on the Court's own motion, the time for the attorney for the child to serve and file a brief is extended, and on or before October 15, 2024, the attorney for the child 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; and it is further,

ORDERED that the motions are otherwise denied.

DILLON, J.P., GENOVESI, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court