Appellate Division: Second Judicial Department

M117277

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-11895, 2010-11896, 2010-11898 In the Matter of Joseph D. (Anonymous), also known as Giuseppe D. (Anonymous). Frank D. (Anonymous), appellant; Adriana D. (Anonymous), et al., respondents. (Index No. 12891/06)

DECISION & ORDER ON MOTION

Motion by the respondent Robert Kruger to dismiss appeals from three orders of the Supreme Court, Queens County, all dated October 13, 2010, on the grounds that the appellant is not aggrieved by the orders and that the appeals are without merit, or for an expedited briefing schedule.

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 dismiss the appeals on the ground that the appellant is not aggrieved is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is for an expedited briefing schedule is granted, and the record or appendix on the appeal and the appellant's brief shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before April 18, 2011; and it is further,

ORDERED that the respondents' brief(s), if any, shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before May 9, 2011; and it is further,

ORDERED that the appellant's reply brief, if any, shall be filed and served on or before May 16, 2011; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ENG, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court