Appellate Division: Second Judicial Department

M86451

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WILLIAM F. MASTRO, J.P.

MARK C. DILLON

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2008-03274 DECISION & ORDER ON MOTION In the Matter of Rafaela Ortiz, petitioner, v Office of Children & Family Services, et al., respondents. (Index No. 80351/07)

Motion by the respondent Seamen's Society for Children and Families in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Richmond County, dated February 13, 2008, in effect, for leave to file a supplemental appendix and to enlarge its time to serve and file a brief. Separate motion by the respondent Office of Children & Family Services to enlarge the record to include the transcript of Fair Hearing No. 43693, dated February 7, 2007.

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

ORDERED that the branch of the motion of the respondent Seamen's Society for Children and Families which is, in effect, for leave to file a supplemental appendix is denied as unnecessary as the movant may file an appendix without leave of the court (see CPLR 55285[b]); and it is further,

ORDERED that the branch of the motion of the respondent Seamen's Society for Children and Families which is to enlarge its time to serve and file a brief and appendix is granted, its time to serve and file a brief and appendix is enlarged until May 28, 2009, and the brief and appendix of the respondent Seamen's Society for Children and Families must be served and filed on or before that date; and it is further,

ORDERED that the motion of the Office of Family & Children's Services is granted and on or before May 28, 2009, it shall serve and file a supplemental appendix containing the transcript of Fair Hearing No. 43693, dated February 7, 2007.

MASTRO, J.P., DILLON, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court