Appellate Division: Second Judicial Department

M85981

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ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-08381, 2008-10813 In the Matter of Kaila B. (Anonymous). Westchester County Department of Social Services, respondent; Christopher M. B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Christopher B. (Anonymous). Westchester County Department of Social Services, respondent; Christopher M. B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Ava B. (Anonymous). Westchester County Department of Social Services, respondent; Christopher M. B. (Anonymous), appellant. (Proceeding No. 3) Docket Nos. N-3884/08, N-3885/08, N-3886/08)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Westchester County, dated September 3, 2008, and November 17, 2008, respectively, to strike the respondent's appendix and references to the respondent's appendix in the respondent's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a reply brief. Separate motion by the respondent to enlarge the record to include the transcripts of the proceedings on January 31, 2008, February 7, 2008, March 19, 2008, April 9, 2008, and June 11, 2008, and, in effect, to accept the transcripts for filing.

Upon the papers filed in support of the motions, the papers filed in opposition to the appellant's motion, and the papers filed in opposition and in relation to the respondent's motion, it is

ORDERED that the branch of the appellant's motion which is to strike the respondent's appendix and references to the respondent's appendix in the respondent's brief on the ground that they contain or refer to matter dehors the record is denied; and it is further,

ORDERED that the respondent's motion is granted, the record is enlarged to include the transcripts of the proceedings on January 31, 2008, February 7, 2008, March 19, 2008, April 9, 2008, and June 11, 2008, and the transcripts submitted to the court as exhibits, referred to as an appendix, are accepted for filing; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until May 15, 2009, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the appellant's motion is otherwise denied.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court