Appellate Division: Second Judicial Department

M115142

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2010-08253 In the Matter of Tricia Lynch, appellant, v Vincent Velella, respondent. (Docket No. V-1672-06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Westchester County, dated August 9, 2010, unless the appellant furnishes the transcripts of certain proceedings and to enlarge the time to serve and file a brief. Cross motion by the appellant to calendar the appeal for oral argument on a date within 30 days after the filing of the respondent's brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that the appellant on or before March 2, 2011, furnishes the respondent and the attorney for the child with copies of the transcripts of the proceedings on May 28, 2008, August 27, 2008, October 3, 2008, and July 27, 2009; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 18, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the time of the attorney for the child to serve and file a brief is enlarged until April 18, 2011, and the brief of the attorney for the child must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

ANGIOLILLO, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court