Appellate Division: Second Judicial Department

M116217

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-02243 In the Matter of Christiana C. (Anonymous). Suffolk County Department of Social Services, respondent; Carleton C. (Anonymous), appellant; Denise C. (Anonymous), nonparty-respondent. (Docket No. NN-70120-09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County (IDV Part), dated February 8, 2010, to enlarge the record to include certain progress notes, and to hold the appeal in abeyance pending determination of his motion in the Supreme Court to set aside the factual finding and adjudication and/or modify the dispositional order. Separate motion by the attorney for the child to dismiss the appeal on the ground that the appellant is collaterally estopped from challenging the underlying finding of neglect.

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

ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal 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 the appellant's brief on the appeal is enlarged until March 14, 2011, and the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion by the attorney for the child to dismiss the appeal is denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court