Appellate Division: Second Judicial Department

M124234

S/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-09535 In the Matter of Jovan W. (Anonymous). Administration for Children's Services, respondent; Ticarrah W. P. (Anonymous), appellant. (Docket No. NA-19465-10)

DECISION & ORDER ON MOTION

Appeal by Ticarrah W. P. from an order of the Family Court, Kings County, dated September 3, 2010. By order to show cause dated June 13, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appeal has been rendered academic upon the return of the subject child to the appellant's custody. Motion by the appellant pro se for leave to file a supplemental brief.

Now, on the court's own motion, and upon the papers filed in response to the order to show cause, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental brief is denied; and it is further,

ORDERED that on the Court's own motion, the time of the respondent and the attorney for the child to serve and file their respective briefs is enlarged until September 8, 2011, and their briefs must be served and filed on or before that date.

ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court