Appellate Division: Second Judicial Department

M299787

KS/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2023-08454 Oluwafemi Adesina, respondent, v Children's Village, appellant. (Index No. 62624/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated July 24, 2023. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material. By decision and order on motion of this Court dated June 26, 2024, the motion by the respondent was held in abeyance, and the matter was referred to the Supreme Court, Westchester County, to report on whether it considered the psychiatric evaluation reports, intake and consents, individualized education program, incident reports, academic reports, court records, and treatment planning records of "Francis" in connection with the motion for summary judgment that was determined by the order dated July 24, 2023. The Supreme Court, Westchester County, has filed its report. Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material is granted to the extent that on or before November 7, 2024, the appellant shall serve and file a supplemental record containing the psychiatric evaluation reports, intake and consents, individualized education program, incident reports, academic reports, court records, and treatment planning records of "Francis," subject to the redactions and restrictions set forth in the order dated July 24, 2023, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and that motion is otherwise denied; and it is further,

ORDERED that the motion by the respondent to extend the time to serve and file a brief is granted, and on or before December 6, 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.

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

ENTER:

Darrell M. Joseph

Clerk of the Court