Appellate Division: Second Judicial Department

M82011

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-07652 In the Matter of Shawn Smith, appellant, v Teresa Roberts, respondent. (Docket No. V-22578-06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated July 24, 2008, to vacate an order on certification dated September 24, 2008, which granted the respondent leave to proceed as a poor person and assigned her counsel to respond to the appeal, and to direct the release of the evaluator's report to the evaluator's license review board. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to vacate the order on certification dated September 24, 2008, is denied; and it is further,

ORDERED that the branch of the motion which is to direct the release of the evaluator's report is denied without prejudice to seeking this relief in the Family Court, Queens County; and it is further,

ORDERED that the application is granted, and 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 his brief on the appeal is enlarged until March 4, 2009.

RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court