Appellate Division: Second Judicial Department

M118044

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-09410 In the Matter of Amaru M. (Anonymous). MercyFirst, appellant; Kizwana M. (Anonymous), respondent-respondent, et al., respondent. (Docket No. B-13891/08)

DECISION & ORDER ON MOTION

Appeal by MercyFirst from an order of the Family Court, Kings County, dated August 2, 2010. By order of this Court dated February 25, 2011, the following named attorney was assigned as counsel to respond to the appeal on behalf of the respondent Kizwana M., and was directed, inter alia, to contact the respondent Kizwana M. and determine her interest in responding to the appeal:

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

By letter dated March 11, 2011, assigned counsel notified the Court that he had been unable to contact the respondent Kizwana M, and by order of this Court dated March 21, 2011, assigned counsel was relieved of the assignment. By letter dated March 25, 2011, assigned counsel notified the Court that the respondent wants to respond to the appeal.

On the Court's own motion, it is

ORDERED that the order dated March 21, 2011, is recalled and vacated; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until May 4, 2011, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court