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MATTER OF SARAH L. v. PNINA P.

Docket No. F1083/19. Appeal No. 15928. Case No. 2021-04410.

205 A.D.3d 503 (2022)

165 N.Y.S.3d 854

2022 NY Slip Op 03176

In the Matter of Sarah L., Respondent, v. Pnina P., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 12, 2022.

Attorney(s) appearing for the Case

Rosenfeld & Vallejo-Juste, LLP, New York (Nicole Trivlis of counsel), for appellant.

Chemtob Moss Forman & Beyda, LLP, New York (Michael F. Beyda of counsel), for respondent.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.

As a threshold matter, we reject petitioner's argument that this Court lacks jurisdiction to hear this appeal. It is undisputed that the notice of appeal was timely filed. To the extent respondent failed to timely serve the notice, that deficiency has not prejudiced petitioner, and thus we excuse that failure (see CPLR 2001, 5520[a]; M Entertainment, Inc. v Leydier, 71 A.D.3d 517, 518 [1st Dept 2010]).

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