PRESENT: SCUDDER, P. J., SMITH, FAHEY, PERADOTTO, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-02690
DOCKET NO. NN-2273-2275-07/07A

MATTER OF FRANCIS S., TEQUILAROSE H. AND JESSE J. H. ONONDAGA COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; WENDY H., RESPONDENT, AND JEREMY H., RESPONDENT-APPELLANT.

Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Onondaga County, entered in the Office of the Clerk of said Court on January 15, 2008, or, in the alternative, for an extension of time within which to file and serve its brief,

Now, upon reading and filing the affirmation of Sara J. Langan, Esq., dated May 27, 2009, the notice of motion with proof of service thereof, the affirmation of Linda M. Campbell, Esq., dated June 11, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal is denied with leave to renew upon oral argument of the appeal, and

It is further ORDERED that the motion insofar as it seeks an extension of time within which to file and serve petitioner-respondent's brief is granted on condition that petitioner-respondent submit ten copies of its brief to the Court, together with proof of service, on or before July 24, 2009, and the Clerk is directed to accept said briefs for filing.

Entered: June 17, 2009

PATRICIA L. MORGAN, Clerk