Appellate Division: Second Judicial Department

M122507

J/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

On the Court's own motion, it is

ORDERED that its decision and order on motion dated June 28, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 time of the petitioner-respondent and the attorney for the child to serve and file their respective briefs is enlarged until July 28, 2011, and

the briefs of the petitioner-respondent and the attorney for the child 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