Appellate Division: Second Judicial Department

M133133

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-01942 In the Matter of Joseph W. (Anonymous), appellant. Nassau County Department of Social Services, respondent; Monica W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kenneth W. (Anonymous), also known as Kenneth I. (Anonymous), appellant. Nassau County Department of Social Services, respondent; Monica W. (Anonymous), appellant. (Proceeding No. 2) (and another title) (Docket Nos. B-7341/09, B-7344/09; V-2159-09, V-2148-09)

DECISION & ORDER ON MOTION

Motion by Gloria S. to strike stated portions of the brief of the appellants Joseph W. and Kenneth W., also known as Kenneth I., on appeals from an order of the Family Court, Nassau County, dated February 10, 2011, and for an award of costs. Application by the Nassau County Department of Social Services 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 and in relation 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 the branch of the motion which is to strike stated portions of the brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the time of Nassau County Department of Social Services to serve and file a brief is enlarged until March 6, 2012, and the brief of Nassau County Department of Social Services must be served and filed on or before that date.

DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court