Appellate Division: Second Judicial Department

M306686

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LOURDES M. VENTURA, JJ.

2024-08810, 2025-05475 Natasha Iris Fapohunda, respondent, v Olanrewaju Ayodele Fapohunda, appellant. (Action No. 1) Natasha Iris Fapohunda, respondent-appellant, v Olanrewaju Ayodele Fapohunda, appellant-respond (Action No. 2) (Index No. 64592/2021)

DECISION & ORDER ON MOTION ent.

Appeal from a judgment of the Supreme Court, Westchester County, dated August 5, 2024, and appeal and cross-appeal from an amended judgment of the same court dated April 4, 2025. Motion by Natasha Iris Fapohunda to dismiss the appeal from the judgment on the ground that the judgment was superceded by the amended judgment or, in the alternative, to extend the time to serve and file a brief on the appeal from the judgment. Cross-motion by Olanrewaju Ayodele Fapohunda, inter alia, in effect, to consolidate the appeal from the judgment with the appeal and cross-appeal from the amended judgment. Motion by Olanrewaju Ayodele Fapohunda, inter alia, in effect, to withdraw the brief previously filed in connection with the appeal from the judgment and for leave to file a replacement brief containing points of argument in connection with the judgment and amended judgment. Cross-motion by Natasha Iris Fapohunda, inter alia, to dismiss the appeal from the judgment as academic and, in effect, to extend the time to serve and file an answering brief on the appeal and cross-appeal from the amended judgment.

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

ORDERED that the branches of the motion and cross-motion by Natasha Iris Fapohunda which are to dismiss the appeal from the judgment on the grounds that it has been superceded by the amended judgment and/or has been rendered academic, are held in abeyance and referred to the panel of Justices hearing the appeals and cross-appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motion and cross-motion by Olanrewaju Ayodele Fapohunda which are to consolidate the appeal from the judgment with the appeal and cross-appeal from the amended judgment and, in effect, to withdraw the brief previously filed in connection with the appeal from the judgment and for leave to file a replacement brief, are granted, the appeals and cross-appeal are consolidated, the appendix filed in connection with the appeal from the judgment is deemed also to be filed as a joint appendix in connection with the appeal and cross-appeal from the amended judgment, and on or before September 4, 2025, the parties shall serve and file a replacement joint appendix which contains Appellate Division Docket No. 2025-05475 in addition to Appellate Division Docket No. 2024-08810 on the cover, the amended judgment, the notice of appeal and notice of cross-appeal from the amended judgment, and any papers constituting the record on appeal from the amended judgment that are not already contained in the appendix filed in connection with the appeal from the judgment, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the replacement joint appendix with proof of service thereof, through the digital portal on this Court's website, the brief previously filed by Olanrewaju Ayodele Fapohunda on the appeal from the judgment is deemed withdrawn, and on or before September 4, 2025, Olanrewaju Ayodele Fapohunda shall serve and file, via NYSCEF, a replacement brief which contains Appellate Division Docket No. 2025-05475 in addition to Appellate Division Docket No. 2024-08810, and which contains any points of argument in connection with the appeals from the judgment and the amended judgment; and it is further,

ORDERED that the branch of the cross-motion by the Natasha Iris Fapohunda which is to extend the time to serve and file an answering brief is granted, and on or before October 6, 2025, Natasha Iris Fapohunda shall serve and file her answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED the motions and cross-motions are otherwise denied.

GENOVESI, J.P., MILLER, FORD and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court