Matter of B. (Anonymous), Elena D.
Motion No: 2008-00578
Slip Opinion No: 2008 NYSlipOp 81839(U)
Decided on September 5, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M75258

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-00578, 2008-00724, 2008-00725,

2008-00726, 2008-00727, 2008-00728,

2008-00729, 2008-00730, 2008-00731

In the Matter of Elena D. B. (Anonymous).

Patrick J. Carr, petitioner-respondent;

Elena B. S. (Anonymous), et al., petitioners-

appellants; Verna N. (Anonymous),

respondent-appellant; Anne Penachio, et al.,

nonparty-respondents.

(Appeal No. 1)

In the Matter of Elena D. B. (Anonymous).

Patrick J. Carr, petitioner-respondent;

Elena B. S. (Anonymous), et al., appellants;

Anne Penachio, et al., nonparty-respondents.

(Appeal Nos. 2 through 9)

(Index No. 07-7243)

DECISION & ORDER ON MOTION

Motion by Patrick J. Carr and Anne Penachio to dismiss appeals from eight orders of the Supreme Court, Westchester County, entered May 16, 2007, June 4, 2007, June 29, 2007, July 17, 2007, August 9, 2007, August 22, 2007, September 13, 2007, and November 16, 2007, respectively, and a judgment of the same court entered December 21, 2007, on the ground that Elena D.B., Patrick J. Carr, and Anne Penachio are not aggrieved by the orders and judgment. Separate applications by Elena D. B., Patrick J. Carr, and Anne Penachio pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their briefs.

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

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

ORDERED that the applications are granted and the time of Elena D. B., Patrick J. Carr, and Anne Penachio to serve and file their briefs is enlarged until October 8, 2008, and the briefs of Elena D. B., Patrick J. Carr, and Anne Penachio must be served and filed on or before that date.

FISHER, J.P., BALKIN, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court