Appellate Division: Second Judicial Department

M300556

KS/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2023-08100 In the Matter of Elizabeth McCaffrey, respondent, v Connor Barton, appellant. (Docket No. V-1130-2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Putnam County, dated August 14, 2023.

Motion by the respondent to dismiss the appeal on the grounds that the order was superseded by an order of the same court dated April 1, 2024, and the appeal has been rendered academic or, in the alternative, to extend the time to serve and file a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 and in relation thereto, it is

ORDERED that the branches of the motion which are to dismiss the appeal on the grounds that the order was superseded by an order of the same court dated April 1, 2024, and the appeal has been rendered academic are denied; and it is further,

ORDERED that the branch of the motion which 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.

BARROS, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court