Appellate Division: Second Judicial Department

M39502

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-10598 In the Matter of Neil M. Siskind, respondent, v Courtney A. Schael, appellant. (Docket No. V-07484/03)

DECISION & ORDER ON MOTION

Motion by the Law Guardian on an appeal from an order of the Family Court, Nassau County, dated October 18, 2005, to strike portions of the appellant's brief on the ground that it raises issues that are not properly before this court, or, alternatively, to enlarge the time to serve and file a brief. Application by the Law Guardian to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike portions of the appellant's brief is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application are granted, the Law Guardian's time to serve and file a brief is enlarged until June 1, 2006, and the Law Guardian's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court