Appellate Division: Second Judicial Department

M112217

J/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-04611, 2010-05890, 2010-07812 In the Matter of Hector J. Martinez, appellant, v Maria C. Martinez, respondent. (Docket No. F-8458/06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Family Court, Westchester County, dated November 12, 2009 (Appellate Division Docket No. 2010-05890), March 8, 2010 (Appellate Division Docket No. 2010-04611), and July 20, 2010 (Appellate Division Docket No. 2010-07812), respectively, (1), in effect, to hold in abeyance the appeals from the orders dated November 12, 2009, and March 8, 2010, pending determination by the Court of Appeals of a certain motion for leave to appeal to that court, or, in the alternative, to enlarge the time to perfect the appeals from the orders dated November 12, 2009, and March 8, 2010, and (2) for leave to prosecute the appeal from the order dated July 20, 2010, as a poor person and for the assignment of counsel.

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 enlarge the time to perfect the appeals from the orders dated November 12, 2009 (Appellate Division Docket No. 2010-05890), and March 8, 2010 (Appellate Division Docket No. 2010-04611), respectively, is granted and the appellant's time to perfect those appeals 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 January 24, 2011; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court