Matter of Sawyer v Yuan
Motion No: 2010-02829
Slip Opinion No: 2011 NY Slip Op 72942(U)
Decided on May 16, 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

M120148

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-02829

In the Matter of Stephen Sawyer, petitioner-

respondent, v Theresa Yuan, respondent-appellant;

Nancy Erickson, et al., nonparty-appellants.

(Docket Nos. V-1636-05, V-17041-09)

DECISION & ORDER ON MOTION

Motion by Theresa Yuan to enlarge the time to perfect appeals from an order of the Family Court, Queens County, dated March 19, 2010.

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

ORDERED that the branch of the motion which is to enlarge Theresa Yuan's time to perfect her appeal is granted, and the time to perfect that 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 a brief on the appeal is enlarged until July 11, 2011; and it is further,

ORDERED that the branch of the motion which is to enlarge the nonparty-appellants' time to perfect the appeal is dismissed on the ground that Theresa Yuan does not have standing to seek that relief.

RIVERA, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court