| MATTER OF ROMANYA J.-M. |
| Motion No: CAF 09-00542 |
| Slip Opinion No: 2010 NY Slip Op 62023(U) |
| Decided on January 20, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-00542
DOCKET NO. NN-8145-07
| MATTER OF ROMANYA J.-M. ONONDAGA COUNTY DEPARTMENT OF
SOCIAL SERVICES, PETITIONER-RESPONDENT; MELISSA M., 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 February 25, 2009, 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 Mary J. Fahey, Esq., dated November 30, 2009, the notice of motion with proof of service thereof, the affirmation of Kelly M. Corbett, Esq., dated December 4, 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 February 19, 2010, and the Clerk is directed to accept said briefs for filing.
Entered: January 20, 2010
PATRICIA L. MORGAN, Clerk