Appellate Division: Second Judicial Department

M97692

T/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-07981 In the Matter of Antoine S. (Anonymous). Roger S. (Anonymous), appellant-respondent; Jack S. (Anonymous), respondent-appellant; Chuck S. (Anonymous), et al., respondents. (Index No. 10324/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, entered July 22, 2009, on the ground that the record is inadequate, and to vacate a stay granted by a decision and order on motion of this court dated October 8, 2009. Cross motion by the appellant-respondent for leave to serve and file a supplemental record, if necessary. Separate applications by the respondent-appellant and Antoine S. to enlarge their time to serve and file their respective briefs.

Upon the papers filed in support of the motion, cross motion, and applications, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic in light of our determination; and it is further,

ORDERED that the respondent-appellant's application is granted, and the respondent-appellant's time to serve and file his brief, including the points of argument on his cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until February 25, 2010, and the respondent-appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that the application of Antoine S. is denied as premature, and the brief of Antoine S. shall be served and filed on or before March 29, 2010.

MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court