Appellate Division: Second Judicial Department

M63743

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-07437 Michael Carlin, appellant, v Larissa Carlin, respondent. (Index No. 29608/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated August 1, 2007, inter alia, in effect, for leave to serve and file an amended notice of appeal. Cross motion by the respondent to vacate a decision and order on motion of this court dated September 10, 2007, which continued temporary custody of and visitation with the subject children as set forth in orders of the Supreme Court, Kings County, dated April 12, 2007, and May 3, 2007, respectively, and to award custody of the subject children to the respondent. Motion by Robert B. Anesi, the attorney for the respondent, for leave to withdraw as counsel. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the appellant's motion which is, in effect, for leave to serve and file an amended notice of appeal is denied as unnecessary; and it is further,

ORDERED that the appellant's motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that the motion by Robert B. Anesi, the attorney for the respondent, for leave to withdraw as counsel is denied as academic as the respondent has filed a consent to change attorney form substituting counsel; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 16, 2008, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court