Appellate Division: Second Judicial Department

M59675

E/sl

STEPHEN G. CRANE, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2004-07578, 2005-00298, 2005-10385 In the Matter of Rose F. (Anonymous). Roseann Hagenbuch, respondent; Lori Feiner, et al., appellants. (Index No. 02-19378)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Westchester County, dated July 27, 2004, December 22, 2004, and September 29, 2005, respectively. By decision and order on motion dated July 20, 2007, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that the appeals have abated as result of the death of Rose F. (see Matter of Mary L. Thomas, 21 NY2d 720; Matter of Rose BB., 246 AD2d 820, 821).

Upon the papers filed in support of the motion to dismiss the appeals and the papers filed in opposition and relation thereto, it is

ORDERED that the motion to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the appellants' time to perfect the appeals is enlarged until October 15, 2007, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court