Appellate Division: Second Judicial Department

M93040

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FRED T. SANTUCCI, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2009-00477 Linda Salvatore, respondent, v Gerard P. Salvatore, appellant. (Index No. 17407-06)

DECISION & ORDER ON MOTION

Motion by the attorney for the child on an appeal from a judgment of the Supreme Court, Suffolk County, dated December 5, 2008, to enlarge the time to serve and file a brief and to hold the appeal in abeyance and remove it from the calendar so that the attorney for the child may file the brief before oral argument.

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

ORDERED that the motion is granted to the extent that the time of the attorney for the child to serve and file a brief is enlarged; the attorney for the child shall file the brief on or before October 19, 2009; the attorney for the child shall serve the brief either (a) pursuant to CPLR 2103(b)(1), (3), or (5) on or before October 19, 2009, or (b) pursuant to CPLR 2103(b)(6) on or before October 16, 2009; and it is further,

ORDERED that the appellant shall file a reply brief, if any, on or before October 27, 2009; the appellant shall serve the reply brief, if any, either (a) pursuant to CPLR 2103(b)(1), (3), or (5) on or before October 27, 2009, or (b) pursuant to CPLR 2103(b)(6) on or before October 26, 2009; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., MILLER, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court