Appellate Division: Second Judicial Department

M311416

ID/

LARA J. GENOVESI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2021-08236 In the Matter of Eric W. C. (Anonymous), appellant, v State of New York, respondent. (Index No. 1377/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 14, 2021. Motion by the appellant for leave to reargue stated portions of his prior motion, which was determined by decision and order on motion of this Court dated August 19, 2022. Cross-motion by the respondent to enlarge the record to include certain material and to extend the time to serve and file a brief.

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

ORDERED that the motion by the appellant is denied; and it is further,

ORDERED that the branch of the cross-motion which is to enlarge the record to include certain material is granted, and on or before March 25, 2026, the respondent shall serve and file a supplemental record containing the court ordered report dated July 29, 2021, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is granted, and on or before March 25, 2026, 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., DOWLING, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court