Appellate Division: Second Judicial Department

M302990

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2021-05255, 2021-05418, 2021-05420, 2021-05422 Caitlin Fitzrandolph Bos, appellant, v Gerard Pierpont Bos, respondent. (Index No. 2095/2016)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Westchester County, three dated July 20, 2021, and one dated July 22, 2021, respectively. Motion by the respondent to dismiss the appeals for failure to comply with a decision and order on motion of this Court dated February 5, 2024. Motion by the appellant, inter alia, to adjudicate the trial transcripts as settled and to accept a replacement appendix for filing. Motion by the attorney for the child to extend the time to serve and file a brief.

Upon the papers filed in support of the motions by the respondent and the attorney for the child 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 motion by the respondent to dismiss the appeals is denied on condition that on or before March 24, 2025, the appellant shall serve and file, via NYSCEF, a replacement appendix which contains the settled transcript of the proceedings of the custody trial as well as all of the exhibits entered into evidence at the custody trial, and which does not contain the materials contained on pages A.1548 through A.1685 of the appendix; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion by the appellant is denied; and it is further,

ORDERED that the motion by the attorney for the child is granted, and on or before April 24, 2025, 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 on the Court's own motion, the time for the respondent to serve and file a brief is extended and, on or before April 24, 2025, 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., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court