Appellate Division: Second Judicial Department

M147350

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-04220 In the Matter of Kulendiran Selliah, respondent, v Flora Penamante, appellant. (Docket No. V-6396-08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated April 17, 2012, in effect, to recall and vacate an order on certification of this Court dated July 10, 2012, which assigned counsel to the respondent on the ground that the respondent is not indigent, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to recall and vacate the order on certification dated July 10, 2012, is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until December 31, 2012.

ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court