| Matter of M. (Anonymous), Jessica L. |
| Motion No: 2023-08687 |
| Slip Opinion No: 2024 NY Slip Op 79391(U) |
| Decided on December 2, 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. |
Appellate Division: Second Judicial Department
M301098
ID/
ROBERT J. MILLER, J.P.
DEBORAH A. DOWLING
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.
|
2023-08687, 2023-08688 In the Matter of Jessica L. M. (Anonymous), appellant. Deborah M. (Anonymous), respondent. (File No. 40/2001)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Surrogate's Court, Suffolk County, both dated August 4, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals. Separate motion by the appellant to stay all proceedings in the above-entitled proceeding, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and no papers filed in opposition or in relation thereto, it is
ORDERED that the motion to vacate the dismissal of the appeals and to extend the time to perfect the appeals is granted, and the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before December 30, 2024, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion to stay all proceedings in the above-entitled proceeding is granted, and all proceedings in the above-entitled proceeding are stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before December 30, 2024; and it is further,
ORDERED that in the event the appeals are not perfected on or before December 30, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
MILLER, J.P., DOWLING, TAYLOR and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court