Matter of Politis v Rico
Motion No: 2024-01558
Slip Opinion No: 2025 NY Slip Op 60122(U)
Decided on January 6, 2025
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

M301841

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2024-01558

In the Matter of Kristen Politis, appellant,

v Mark A. Rico, respondent.

(Docket No. O-9-2024)

DECISION & ORDER ON MOTION

2024-04480

In the Matter of Kristen Politis, appellant,

v Mark A. Rico, respondent.

(Docket No. V-9901-2019/2024)

2024-04565

In the Matter of Kristen Politis, appellant,

v Mark A. Rico, respondent.

(Docket No. V-9901-2019/2023)

Appeals from three orders of the Family Court, Nassau County, dated January 10, 2024, April 25, 2024, and April 2, 2024, respectively. Motion by the appellant inter alia, in effect, to reverse and/or modify an order of the same court dated May 20, 2020, and to extend the time to perfect the appeals. Motion by the respondent to dismiss the appeal from the order dated April 2, 2024, on the ground that the appeal was untimely taken.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion by the respondent is granted, and the appeal from the order dated April 2, 2024, is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the branch of the motion by the appellant which is to extend the time to perfect the appeal from the order dated April 2, 2024, is denied as academic; and it is further,

ORDERED that the branches of the motion by the appellant which are to extend the time to perfect the appeals from the orders dated January 10, 2024, and April 25, 2024, are granted, the appellant's time to perfect the appeals by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's briefs, and uploading a digital copy of the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website, is extended until February 5, 2025; and it is further,

ORDERED that the motion by the appellant is otherwise denied.

CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court