Matter of G. (Anonymous), Christine; A. (Anonymous),
Motion No: 2008-00764
Slip Opinion No: 2008 NYSlipOp 83864(U)
Decided on September 24, 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

M76263

S/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-00764

In the Matter of Christine G. (Anonymous).

Administration for Children's Services,

respondent; Lourdes A. (Anonymous),

appellant.

(Proceeding No. 1)

In the Matter of Christine G. (Anonymous).

Administration for Children's Services,

respondent; Lourdes A. (Anonymous),

appellant.

(Proceeding No. 2)

In the Matter of Samantha A. (Anonymous).

Administration for Children's Services,

respondent; Lourdes A. (Anonymous),

appellant.

(Proceeding No. 3)

In the Matter of Willis B. (Anonymous) III.

Administration for Children's Services,

petitioner-respondent; Lourdes A. (Anonymous),

appellant; Willis B. (Anonymous) II, nonparty-

respondent.

(Proceeding No. 4)

(Docket Nos. N-35548-06, N-35549-06,

N-35550-06, V-03240-07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 22, 2008, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the Administration for Children's Services to dismiss an appeal from an order of the Family Court, Kings County, dated December 17, 2007, on the ground that it has been rendered academic. Separate motion by Willis B. II to enlarge his time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition to the motion to dismiss the appeal, it is

ORDERED that the motion to dismiss the appeal is denied, without prejudice to the movant raising the issue in its brief ; and it is further,

ORDERED that the time of the Administration for Children's Services to serve and file a brief is enlarged until October 22, 2008, and the brief of the Administration for Children's Services shall be served and filed on or before that date; and it is further,

ORDERED that the motion to enlarge the time of Willis B. II to serve and file a brief is granted, his time to serve and file a brief is enlarged until October 22, 2008, and the brief of Willis B. II must be served and filed on or before that date.

PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court