Appellate Division: Second Judicial Department

M305708

AFA/

BETSY BARROS, J.P.

WILLIAM G. FORD

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2024-08725 In the Matter of John Sagaria, appellant, v Cynthia Sagaria, respondent. (Docket Nos. V-2095-2022/2022A, V-2882-2022/2022A, V-5748-2021/2022C, V-5748-2021/2022D, V-5748-2021/2021A, V-3141-2022/2022A, O-3072-2022, O-288-2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Orange County, dated August 30, 2024.

Motion by the attorney for the child, inter alia, in effect, to dismiss the appeal on the ground that the appellant failed to assemble a proper appendix or, in the alternative, to strike the appendix, direct the appeal to be perfected on the original papers, to impose a sanction upon the appellant, and to extend the time to serve and file a brief. Motion by the respondent, inter alia, in effect, to dismiss the appeal on the ground that the appellant failed to assemble a proper appendix or, in the alternative, to strike the appendix, direct the appeal to be perfected on the original papers, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the attorney for the child and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motions which are to strike the appendix are granted, the appendix is stricken and on or before July 11, 2025, the appellant shall serve and file a replacement appendix that contains all relevant papers considered by the Family Court, Orange County, in connection with the determinations contained in the order, including but not limited to the papers filed in support of and in opposition to the appellant's motion filed on March 22, 2024, that does not contain matter dehors the record, that contains a table of contents that accurately describes the papers included in the appendix, that is properly paginated, and that contains proper headings, in compliance with CPLR 5528 and 5529 and 22 NYCRR 1250.7(d); and it is further,

ORDERED that the branches of the motions which are to extend the time to serve and file a brief are granted, and on or before August 11, 2025, the attorney for the child and the respondent shall serve and file their respective briefs via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions are otherwise denied.

BARROS, J.P., FORD, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court