Appellate Division: Second Judicial Department

M47226

A/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2005-11015 In the Matter of James C. (Anonymous). Administration for Children's Services, petitioner-respondent; Gary C. (Anonymous), appellant; et al., respondent. (Docket No. N-111/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Richmond County, dated June 22, 2004, to amend the notice of appeal to include an order of disposition of the same court dated November 17, 2004, and to enlarge the time to perfect the appeals.

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 amend the notice of appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 22, 2004, is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal from the order dated June 22, 2004, 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 is enlarged until December 27, 2006; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated November 17, 2004, is denied as academic.

KRAUSMAN, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court