Appellate Division: Second Judicial Department

M306640

AFA/

LARA J. GENOVESI, J.P.

PAUL WOOTEN

LILLIAN WAN

LOURDES M. VENTURA, JJ.

2024-06051 Steven Phillips, etc., respondent, v Irina Phillips, et al., appellants. (Index No. 6057/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated March 25, 2024. Motion by the respondent, in effect, to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, in effect, for an extension of time to serve and file a brief.

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

ORDERED that the branch of the motion which is, in effect, to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is, in effect, for an extension of time to serve and file a brief is granted, and on or before August 18, 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.

GENOVESI, J.P., WOOTEN, WAN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court