| Matter of S. (Anonymous), Antoine |
| Motion No: 2009-07981 |
| Slip Opinion No: 2010 NY Slip Op 72151(U) |
| Decided on May 21, 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
M100439
E/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 to dismiss an appeal from an order of the Supreme Court, Kings County, entered July 22, 2009, on the ground that it has been rendered academic, to vacate a stay granted by a decision and order on motion of this court dated October 8, 2009, to enlarge the record to include the death certificate for Antoine S., and to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]).
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 dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to vacate the stay is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the record to include the death certificate for Antoine S. is granted, and on or before June 21, 2010, the respondent-appellant shall serve and file a supplemental record containing that death certificate; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), 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 June 21, 2010, and the respondent-appellant's brief shall be served and filed on or before that date.
MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court