Appellate Division: Second Judicial Department

M106922

E/sl

JOSEPH COVELLO, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2009-07433 In the Matter of Sharlene Wallace, petitioner- respondent, v Korey Johnson, respondent; Diane B. Groom, nonparty-appellant. (Docket No. V-10282-03)

DECISION & ORDER ON MOTION

Motion by the attorney for the child to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, dated June 30, 2009, and to compel the respondent to produce the subject child for an interview. Application by the respondent, in effect, to relieve the attorney for the child and to dismiss the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on or before August 30, 2010, the respondent shall produce the subject child for an interview at the office of the attorney for the child; and it is further,

ORDERED that the time of the attorney for the child 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 a brief on the appeal is enlarged until September 29, 2010; and it is further,

ORDERED that the application is denied without prejudice to making a formal motion for that relief.

COVELLO, J.P., MILLER, DICKERSON and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court