Matter of Jones v Canales
Motion No: 2011-03503
Slip Opinion No: 2011 NY Slip Op 75452(U)
Decided on June 13, 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

M121431

E/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-03503, 2011-03504

In the Matter of Michael A. Jones, petitioner,

v Elizabeth Canales, respondent-respondent;

Kerry Sloane Bassett, nonparty-appellant.

(Docket No. V-5359-08/10B)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on appeals from two orders of the Family Court, Suffolk County, both dated April 7, 2011, in effect, to amend so much of a decision and order on motion of this Court dated April 28, 2011, as conditioned, inter alia, the continuation of residential custody of the subject child with the petitioner father upon the perfection of the appeals on or before May 20, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion dated April 28, 2008, is amended by deleting from the decretal paragraphs thereof the date "May 20, 2011" and substituting therefor the date "July 11, 2011"; and it is further,

ORDERED that no further extension shall be granted; and it is further,

ORDERED that the respondent's brief, if any, shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before July 25, 2011; and it is further,

ORDERED that the nonparty-appellant's reply brief, if any, shall be filed and served on or before August 1, 2011.

COVELLO, J.P., ENG, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court