Appellate Division: Second Judicial Department

M84399

E/nl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2008-07953 In the Matter of Amanda G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Allison B. (Anonymous), respondent-respondent; Elizabeth A. Jutesen, nonparty-appellant. (Proceeding No. 1) In the Matter of Sean S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Allison B. (Anonymous), respondent-respondent; Elizabeth A. Jutesen, nonparty-appellant. (Proceeding No. 2) (Docket Nos. N-6814/04, N-6815/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 20, 2009, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the petitioner-respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated August 25, 2008, on the ground that the nonparty-appellant lacks standing, or, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the brief of the petitioner-respondent shall be served and filed on or before April 20, 2009.

RIVERA, J.P., SPOLZINO, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court