Appellate Division: Second Judicial Department

M51773

E/sl

HOWARD MILLER, J.P.

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2006-06049 In the Matter of Derek Tolbert, petitioner, v Tamara Scott, respondent. (Proceeding No. 1) (Docket No. V-20709/03) In the Matter of Sandra Scott, appellant, v Tamara Scott, et al., respondents. (Proceeding No. 2) (Docket No. V-21911/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated June 23, 2006, in effect, to amend so much of a decision and order on motion of this court dated January 9, 2007, as conditioned the denial of a motion to dismiss the appeal on her settlement and filing of certain transcripts on or before February 8, 2007. Application by the respondent Derek Tolbert to enlarge the time to serve and file his brief.

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

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

ORDERED that the decision and order of this court dated January 9, 2007, is amended by deleting from the decretal paragraphs thereof the date "February 8, 2007," and substituting therefor the date "March 5, 2007;" and it is further,

ORDERED that the application is granted and the time of the respondents to serve and file their respective briefs is enlarged until April 9, 2007, and the respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the Law Guardian's time to serve and file a brief is enlarged until April 9, 2007, and the Law Guardian's brief must be served and filed on or before that date.

MILLER, J.P., FISHER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court