Appellate Division: Second Judicial Department

M48311

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-04920, 2006-10148 In the Matter of Kristi S. Ross, respondent, v Kevin J. Ross, appellant. (Proceeding No. 1) (Docket Nos. V-1924-05, V-1925-05) In the Matter of Kevin J. Ross, appellant, v Kristi S. Ross, respondent. (Proceeding No. 2) . (Docket Nos. V-930-05, V-931-05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Orange County, dated April 21, 2006 (Appellate Division Docket No. 2006-04920), and October 11, 2006 (Appellate Division Docket No. 2006-10148), respectively, to enlarge the time to perfect the appeal from the order dated April 21, 2006. Separate motion by the Children's Rights Society, Inc., Law Guardian for the subject children, to be relieved from representing the children on the appeal to assign a new Law Guardian. By order to show cause dated November 21, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered (1) dismissing the appeal from the order dated April 21, 2006, on the ground that it has been superseded by the order dated October 11, 2006, and (2) dismissing the appeal from the order dated October 11, 2006, on the ground that the appellant is not aggrieved by an order entered upon stipulation, and the motion to enlarge the time to perfect the appeal from the order dated April 21, 2006, and that the branch of the motion of the Children 's Rights Society, Inc., which is to assign new counsel were held in abeyance.

Upon the order to show cause and the papers filed in response thereto, and the papers filed in support of the motions and no papers having been filed in opposition thereto, it is

ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal from the order dated April 21, 2006, is granted; and it is further,

ORDERED that the appellant's time to 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 is enlarged until February 20, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion of the Children's Rights Society, Inc., which is to assign new counsel is granted, and pursuant to Family Court Act § 1120 the following named attorney is assigned as Law Guardian:

Todd Kadish, Esq.

PMB No. 2264

1412 Avenue M

Brooklyn, New York 11230-5213

(917) 968-1811

CRANE, J.P., KRAUSMAN, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court