Appellate Division: Second Judicial Department

M152787

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA HINDS-RADIX, JJ.

2012-02513 In the Matter of Anna L. Land-Wheatley, respondent, v Ronald Land-Wheatley, appellant. (Docket Nos. V-10551/10, V-10552/10)

DECISION & ORDER ON MOTION

Motion by the attorney for the children to dismiss an appeal from an order of the Family Court, Nassau County, dated January 19, 2012, on the ground that it has been rendered academic or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to vacate all or part of an order of the same court dated June 4, 2012.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 attorney for the children to serve and file a brief is granted, the time for the attorney for the children to serve and file a brief is enlarged until April 11, 2013, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to vacate the order of the Family Court, Nassau County, dated June 4, 2012, is denied without prejudice to seeking appropriate relief in that court; and it is further,

ORDERED that cross motion is otherwise denied.

RIVERA, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court