Appellate Division: Second Judicial Department

M305344

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

CARL J. LANDICINO

LOURDES M. VENTURA, JJ.

2024-11497, 2024-12353 In the Matter of Tyrone Sanchez, petitioner- respondent, v Josue Irizarry, respondent, Maria Irizarry, respondent-appellant. (Docket Nos. V-1414-2022/2023A, V-1414-2022/2023B)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Kings County, both dated October 28, 2024. Motion by assigned counsel for the appellants, inter alia, to abate the appeals by Josue Irizarruy upon his death on January 15, 2025, to amend the caption accordingly, in effect, to deem the notices of appeal from the orders to be notices of appeal from two amended orders of the same court, also dated October 28, 2024, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to abate the appeals by Josue Irizzary and to amend the caption accordingly, are granted, the appeals by Josue Irizzary are dismissed, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is, in effect, to deem the notices of appeal from the orders to be notices of appeal from the amended orders, is granted, and the notices of appeal from the orders are deemed to be notices of appeal from the amended orders (see CPLR 5512[a]); and it is further,

ORDERED that the branch of the motion which is to extend the timed to perfect the appeals is granted, and the appellant's time to perfect the appeals by causing the original papers constituting the records 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 brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until June 23, 2025; and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., FORD, LANDICINO and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court