Appellate Division: Second Judicial Department

M75982

S/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-07906, 2007-07907 In the Matter of Ajay P. (Anonymous). Nassau County Department of Social Services, respondent; Vinod P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Nilam P. (Anonymous). Nassau County Department of Social Services, respondent; Vinod P. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-02433-06, N-02434-06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 10, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two orders of the Family Court, Nassau County, dated July 17, 2005, and July 17, 2005, respectively, to be provided with the transcripts of the proceedings to aid in the preparation of his supplemental brief, and to enlarge the record to include certain letters. Separate motion by the respondent to enlarge its time to serve and file a brief. Application by the attorney for the children 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, the papers filed in relation to the appellant pro se's motion, and no papers having been filed in opposition or in relation to the respondent's motion, and upon the application, it is

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be provided with the transcripts of the proceedings are granted, and the supplemental brief shall be served and filed on or before November 10, 2008; and it is further,

ORDERED that the Clerk of this court, or his designee, shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the motion to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged until November 28, 2008, and the respondent's brief in response to the appellant's main brief and supplemental brief shall be served and filed on or before that date; and it is further,

ORDERED that the application is granted and the time of the attorney for the children to serve and file a brief in response to the appellant's main brief and the supplemental brief is enlarged until November 28, 2008; and it is further,

ORDERED that no further enlargements of time shall be granted.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court