Matter of N. (Anonymous)
Motion No: 2011-10928
Slip Opinion No: 2012 NY Slip Op 93166(U)
Decided on December 10, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M147920

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-10928

In the Matter of N. (Anonymous).

Fania D. (Anonymous), appellant;

Alice T. (Anonymous), et al., respondents.

(Docket No. A-506/10)

DECISION & ORDER ON MOTION

Motion by the respondent Alice T. to dismiss an appeal from an order of the Family Court, Richmond County, dated November 2, 2011, on the ground that no appeal lies from an order entered upon the default of the appealing party, or to enlarge the time to serve and file a brief. Separate motion by the attorney for the child to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal 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 branch of the motion which is to enlarge the time of the respondent Alice T. to serve and file a brief and the motion by the attorney for the child to enlarge the time to serve and file a brief are granted, the movants' time to serve and file their respective briefs on the appeal is enlarged until January 9, 2013, and the movants' briefs shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court