Appellate Division: Second Judicial Department

M108811

E/sl

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2010-03468 In the Matter of Alamgir A. (Anonymous), appellant. (Docket No. G-21690-09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated March 8, 2010, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application 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 a brief on the appeal is enlarged until October 25, 2010.

COVELLO, J.P., LEVENTHAL, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court