Appellate Division: Second Judicial Department

M130561

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2011-03551 In the Matter of Gregory Rowe, respondent, v Charity M. Smith, appellant. (Docket Nos. V-16986/08, V-16987/08, V-20672/08, V-20673/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to serve and file a supplemental brief on an appeal from an order of the Family Court, Queens County, dated March 10, 2011, raising the issue of lack of subject matter jurisdiction. Application by the attorney for the children pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that motion is granted, and on or before December 28, 2011, the appellant shall serve and file the supplemental brief raising the issue of lack of subject matter jurisdiction; and it is further,

ORDERED that the application is granted, the attorney for the children's time to serve and file a brief in response to the appellant's main and supplemental briefs is enlarged until January 27, 2012, and the attorney for the children's brief must be served and filed on or before that date; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief in response to the appellant's main and supplemental briefs is enlarged until January 27, 2012, and the respondent's brief, if any, must be served and filed on or before that date.

RIVERA, J.P., FLORIO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court