Appellate Division: Second Judicial Department

M77518

M/cb

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-02027 In the Matter of Ethan J. (Anonymous). Administration for Children's Services, petitioner-respondent; Philip J. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Zalika J. (Anonymous). petitioner-respondent; Philip J. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Ashley J. (Anonymous). petitioner-respondent; Philip J. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Jazmone S. (Anonymous). petitioner-respondent; Philip J. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. N-04616-04, N-04617-04, N-04618-04, N-04619-04)

DECISION & ORDER ON MOTION

Appeal by Philip J.from an order of the Family Court, Queens County, dated January 18, 2008. By order to show cause dated September 24, 2008, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 18, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 10, 2008.

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court