Matter of P. (Anonymous), Shaliyah; Westchester County De
Motion No: 2010-06271
Slip Opinion No: 2011 NY Slip Op 76886(U)
Decided on June 28, 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

M122160

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-06271

In the Matter of Shaliyah P. (Anonymous).

Westchester County Department of Social Services,

petitioner-respondent; Eddie P. (Anonymous),

appellant, et al., respondent.

(Docket Nos. NN-11723-09, NN-11725-09)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss an appeal from an order of the Family Court, Westchester County, dated April 27, 2010, on the ground that the appellant's consent to entry of a finding of neglect precludes consideration of the issues raised by the appellant in his brief.

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

ORDERED that the motion is denied without prejudice to the petitioner-respondent raising the issue in its brief; and it is further,

ORDERED that on the Court's own motion, the petitioner-respondent's time to serve and file a brief is enlarged until July 28, 2011, and the petitioner-respondent's brief must be served and filed on or before that date.

SKELOS, J.P., BELEN, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court