Appellate Division: Second Judicial Department

M102201

E/ct

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-08542 In the Matter of Elijah J. (Anonymous). Administration for Children's Services, respondent, Philip J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Leah J. (Anonymous). Administration for Children's Services, respondent, Philip J. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-18806-08, N-18807-08)

DECISION & ORDER ON MOTION

Motion by the appellant to compel the production of a transcript for the proceedings on June 25, 2009, on an appeal from an order of the Family Court, Queens County, dated August 3, 2009, or to direct a reconstruction hearing, or to enlarge the time to perfect the appeal.

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 compel the production of a transcript for the proceedings on June 25, 2009, or to direct a reconstruction hearing is denied as there were no proceedings on June 25, 2009, and the transcripts on file with this court indicate that the fact-finding hearing is complete; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and 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 his brief on the appeal is enlarged until June 3, 2010; and it is further,

ORDERED that no further enlargement of time shall be granted.

MASTRO, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court