Appellate Division: Second Judicial Department

M60591

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STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

WILLIAM E. McCARTHY, JJ.

2006-09543 In the Matter of Edward C. (Anonymous), Jr. Administration for Children's Services, petitioner-respondent; Desiree C. (Anonymous), appellant, et al., respondent. (Docket No. N-32409/03)

DECISION & ORDER ON MOTION

Motion by the Law Guardian to dismiss an appeal from an order of the Family Court, Kings County, dated September 1, 2006, on the ground that it has been rendered academic, or, in the alternative, to enlarge the time to serve and file a brief. Separate application by the petitioner-respondent to enlarge the time to serve and file a brief.

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

ORDERED that on the court's own motion, the notice of appeal from a decision of the same court dated September 1, 2006, is deemed to be a notice of appeal from the order of disposition dated September 1, 2006 (see CPLR 5512[a]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the application and the branch of the motion which is to enlarge the Law Guardian's time to serve and file a brief are granted, the time of the petitioner-respondent and the Law Guardian to serve and file their respective briefs is enlarged until October 15, 2007, and the briefs of the petitioner-respondent and the Law Guardian must be served and filed on or before that date.

CRANE, J.P., SPOLZINO, KRAUSMAN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court