| Matter of L. (Anonymous), Matthew |
| Motion No: 2009-02353 |
| Slip Opinion No: 2010 NY Slip Op 64486(U) |
| Decided on March 1, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M98912
E/sl
JOSEPH COVELLO, J.P.
HOWARD MILLER
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
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2009-02353, 2009-02355 In the Matter of Matthew L. (Anonymous). Jacob Elberg, appellant-respondent; Nicholas L. (Anonymous), respondent-appellant; Virginia L. (Anonymous), respondent. (Index No. 29089/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant (1) to recall and vacate an order on application of this court dated January 20, 2010, which granted an application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from two orders of the Supreme Court, Queens County, both dated February 3, 2009, (2) to direct the appellant-respondent to consult with him and file a supplemental joint record, (3) to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), and (4) to "[d]elete[] Christopher Renfroe, Court Examiner, as an appellate party."
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the appellant-respondent to consult with the respondent-appellant and file a supplemental joint record is granted, and the appellant-respondent shall consult with the respondent-appellant and, upon a stipulation of the parties, file a supplemental joint record on or before March 24, 2010, containing any necessary material that is missing from the joint record; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief is granted, and the respondent-appellant shall serve and file his answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) on or before April 23, 2010; and it is further,
ORDERED that the motion is otherwise denied.
COVELLO, J.P., MILLER, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court