Appellate Division: Second Judicial Department

M37922

C/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-09518 In the Matter of Denise B. (Anonymous), appellant, v Beatrice R. (Anonymous), respondent. (Index No. V-5529-05)

DECISION & ORDER ON MOTION

Motion by Lawyers for Children, Inc., and Citizen's Committee for Children of New York for leave to file an amicus curiae brief on an appeal from an order of the Family Court, Suffolk County, dated August 27, 2005. Application by the respondent, in effect, to strike the brief filed by her former attorney and to enlarge the time to serve and file a brief.

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

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

ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before April 14, 2006; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the appellant, if she be so advised, may file a reply brief to the amicus curiae brief within 10 days after service upon her of the amicus curiae brief; and it is further,

ORDERED that the application is granted to the extent that on or before May 1, 2006, the respondent shall (1) advise this court in writing that she is adopting the brief filed by former counsel, (2) serve and file a supplemental brief, or (3) serve and file a replacement brief, and that branch of the application; and it is further,

ORDERED that the respondent may serve and file a reply brief to the amicus curiae brief, if she be so advised, on or before May 1, 2006.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court