Appellate Division: Second Judicial Department

M306545

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2022-07580 Anonymous, appellant, v Leslie E. Packer, respondent. (Index No. 605245/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 18, 2022. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to comply with the decision and order on motion of this Court dated January 22, 2025, or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant, in effect, to vacate the decision and order on motion of this Court dated January 22, 2025, on the ground it contains certain typographical errors.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the cross-motion is granted to the extent that the decision and order on motion of this Court dated January 22, 2025, is amended by deleting the second paragraph thereof and substituting therefor the following paragraph "Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is" and by deleting from the second decretal paragraph thereof the word "website," and the cross-motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the time for the appellant to comply with the decision and order on motion of this Court dated January 22, 2025, as amended, is extended and on or before August 13, 2025, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain pages 114 through 131, and a replacement appellant's brief that does not contain or refer to the stricken material, and which are in all other respects the same as the record and appellant's brief previously filed; and is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before September 12, 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.

MILLER, J.P., DOWLING, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court