Appellate Division: Second Judicial Department

M81539

S/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2008-05532 In the Matter of Koontie Maureen Mohabir, appellant, v Kumar Singh, respondent. (Docket Nos. V-06464-99, V-8159-98)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 22, 2009, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated May 16, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; 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 a brief on the appeal is enlarged until February 2, 2009, without prejudice to the appellant seeking additional time to perfect upon a showing that a motion has been made in Family Court, Queens County, to secure any missing documents.

MASTRO, J.P., MILLER, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court