Appellate Division: Second Judicial Department

M94704

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-04793 In the Matter of Grace J. Hausmann, respondent, v Margaret Vetere, appellant. (Docket No. O-15426/08)

DECISION & ORDER ON MOTION

Motion by Joseph R. Faraguna, Esq., to be relieved of an assignment to prosecute an appeal from an order of the Family Court, Suffolk County, dated May 12, 2009. Cross motion by the appellant pro se, inter alia, to remove the appeal from the active management program (see 22 NYCRR 670.4[a]) and hold the appeal in abeyance.

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

ORDERED that the motion which is granted, and Joseph R. Faraguna, Esq., P.O. Box 122, Sag Harbor, New York 11963, is relieved and directed to turn over all papers in the matter to the Clerk of the court; and it is further,

ORDERED that the branch of the cross motion which is to remove the appeal from the active management program is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until January 19, 2010; and it is further,

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

ORDERED that the cross motion is otherwise denied.

RIVERA, J.P., DILLON, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court