Appellate Division: Second Judicial Department

M36223

E/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-00046 In the Matter of William S. (Anonymous), appellant; William Fisher, etc., respondent. (Index No. 500679/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated November 7, 2005, on the original record and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]); and it is further,

ORDERED that on or before March 7, 2006, the appellant shall perfect the appeal, by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal; and it is further,

ORDERED that on or before March 28, 2006, the respondent shall serve and file a brief and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that on or before April 5, 2006, the appellant shall serve and file a reply brief, if any, and the appellant's reply brief must be served and filed on or before that date; and it is further,

ORDERED that the appeal will be calendared when it is fully perfected.

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court