Opinion
Motion No. 2023-12194 Docket No. N-13408-2023
11-13-2024
Unpublished Opinion
MOTION DECISION
M300669
FRANCESCA E. CONNOLLY, J.P. LINDA CHRISTOPHER DEBORAH A. DOWLING LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Queens County, dated November 20, 2023. Motion by the appellant, in effect, to deem the notice of appeal from the order to reflect that the appeal is from an order of the Family Court, Queens County, dated November 21, 2023, and to reflect that the appeal is also from an oral decision of the same court dated November 20, 2023, and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal from the order to reflect that the appeal is from an order of the Family Court, Queens County, dated November 21, 2023, is granted, and the notice of appeal is deemed to reflect that the appeal is from an order of the Family Court, Queens County, dated November 21, 2023 (see CPLR 2001; Matter of Tagliaferri, 1 N.Y.3d 605); and it is further, ORDERED that the branch of the motion which is, in effect, to deem the notice of appeal from the order to reflect that the appeal is also from the oral decision dated November 20, 2023, is denied; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the oral decision is denied as academic; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated November 21, 2023, is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until December 13, 2024.
CONNOLLY, J.P., CHRISTOPHER, DOWLING and VENTURA, JJ., concur.