Appellate Division: Second Judicial Department

M101101

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-05442 In the Matter of Dorcas Peralta, appellant, v Thomas Irrizary, et al., respondents. (Docket Nos. V-1079-07, V-1080-07)

DECISION & ORDER ON MOTION

Motion by the attorney for the children on an appeal an order of the Family Court, Orange County, dated May 15, 2009, to direct the Family Court, Orange County, to file with this court copies of all forensic evaluations, clinical evaluations, mental health evaluations, and psychiatric, psychological, and social worker evaluations which have been filed in the Family Court, Orange County, or admitted into evidence at hearings, and to furnish him with copies of those evaluations or permit him to review them and take notes. Application by the attorney for the children pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the Family Court, Orange County, to file forensic evaluations, clinical evaluations, mental health evaluations, and psychiatric, psychological, and social worker evaluations is denied as unnecessary as the original papers constituting the Family Court file have been filed in this court; and it is further,

ORDERED that the branch of the motion which is to be furnished with copies of those evaluations or to be permitted to review them and take notes is granted to the extent that the attorney for the children is allowed to review the evaluations contained in the original papers constituting the Family Court file that have been filed in this court and make notes concerning the evaluations, but not photocopy the evaluations, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the time of the attorney for the children to serve and file a brief the attorney for the children is enlarged until May 10, 2010, and the brief of the attorney for the children must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court