Appellate Division: Second Judicial Department

M146831

S/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-08392 In the Matter of Marvin P. (Anonymous), respondent. Kathleen M. Rice, etc., et al., appellants. (Index No. 94-87577)

DECISION & ORDER ON APPLICATION

Application by the appellant State Commissioner of Mental Health on an appeal from an order of the Supreme Court, Orange County, dated August 17, 2012, to amend a decision and order on motion of this Court dated October 3, 2012, as amended November 9, 2012, which granted the appellants' motions to stay enforcement of the order dated August 17, 2012, on condition the appeals were perfected on or before November 16, 2012.

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 application is granted and the decision and order on motion of this Court dated October 3, 2012, as amended November 9, 2012, is amended by deleting from the first and second decretal paragraphs thereof the dated "November 16, 2012," and substituting therefor the date "November 19, 2012"; and it is further,

ORDERED that the record and the appellants' briefs submitted to the Clerk of this Court are accepted for filing and deemed timely served; and it is further,

ORDERED that the respondent shall serve and file his brief, if any, on or before December 21, 2012; and it is further,

ORDERED that the appellants shall serve and file their reply briefs, if any, on or before January 7, 2013.

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

ENTER:

Aprilanne Agostino

Clerk of the Court