Matter of C. (Anonymous), Mariah; C. (Anonymous), Ma
Motion No: 2010-01476
Slip Opinion No: 2011 NY Slip Op 61622(U)
Decided on January 18, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114161

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-01476, 2010-01478

In the Matter of Mariah C. (Anonymous).

Suffolk County Department of Social Services,

respondent: Frey C.-M. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Mary C. (Anonymous).

Suffolk County Department of Social Services,

respondent: Frey C.-M. (Anonymous), appellant.

(Proceeding No. 2)

(Docket Nos. NN-13752-09, NN-13753-09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from a decision of the Family Court, Suffolk County, dated December 18, 2009 (Appellate Division Docket No. 2010-01476), and an order of the same court dated January 8, 2010 (Appellate Division Docket No. 2010-01478).

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

ORDERED that on the Court's own motion, the appeal from the decision dated December 18, 2009 (Appellate Division Docket No. 2010-01476), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Family Ct Act § 1112; Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the decision is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated January 8, 2010 (Appellate Division Docket No. 2010-01478), 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 9, 2011; and it is further,

ORDERED that no further enlargement of time shall be granted.

COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court