Appellate Division: Second Judicial Department

M312140

ID/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2021-07984 Peter J. Kepley, respondent, v Elisabeth Kepley, etc., appellant. (Index No. 55083/2019)

DECISION & ORDER ON MOTION

2024-06281

Peter J. Kepley, respondent,

v Elisabeth Kepley, etc., appellant.

(Index No. 55083/2019)

Appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated October 12, 2021, and an order of the same court dated May 8, 2024. By decision and order on application dated August 18, 2023, the appeal from the order and judgment was withdrawn. Motion by the appellant, inter alia, in effect, for an advisory opinion on the effect of the withdrawal of the appeal from the order and judgment. Motion by the respondent, inter alia, in effect, to dismiss the appeal from the order, on the ground that the record is inadequate and to extend the time to serve and file a brief on the appeal from the order.

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

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief on the appeal from the order is granted, and on or before April 22, 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; and it is further,

ORDERED that the motions are otherwise denied.

DUFFY, J.P., CHRISTOPHER, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court