Opinion
2021-70479 Index 12522/2009
08-23-2021
Theresa Del Vecchio, appellant, v. Joseph Del Vecchio, respondent. Motion No. 2020-09196
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., PAUL WOOTEN, JOSEPH A. ZAYAS, LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Orange County, dated October 13, 2020. Motion by the appellant, inter alia, to enlarge the record and to extend the time to perfect the appeal. Cross motion by the respondent, inter alia, to dismiss the appeal on the ground that the record is inadequate or to compel the appellant to serve and file a proper record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further, ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before September 22, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the motion is otherwise denied; and it is further, ORDERED that the branches of the cross motion which are to dismiss the appeal on the ground that the record is inadequate or to compel the appellant to serve and file a proper record are denied as premature; and it is further, ORDERED that the cross motion is otherwise denied.
DILLON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.