Appellate Division: Second Judicial Department

M173084

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2012-10036 In the Matter of Kimberly J. G. (Anonymo Westchester County Department of Social petitioner-respondent; Chantel J. G. V. (A respondent-appellant. (Proceeding No. 1) In the Matter of Andrew V. (Anonymous). Westchester County Department of Social petitioner-respondent; Chantel J. G. V. (A respondent-appellant. (Proceeding No. 2) (Docket Nos. B-14064-07/12A, B-6452-07

DECISION & ORDER ON MOTION us). Services, nonymous), Services, nonymous), /12A)

Motion by the petitioner-respondent to dismiss an appeal from an order of the Family Court, Westchester County, dated October 18, 2012, on the grounds that it is without merit and the respondent-appellant's brief raises issues not properly before this Court, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion 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 granted to the extent that the brief filed by the respondent-appellant is stricken, and on or before May 27, 2014, the respondent-appellant must serve and file a replacement brief that only raises issues concerning the order dated October 18, 2012, and this branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the petitioner-respondent's time to serve and file a brief is enlarged until June 26, 2014, and the petitioner-respondent's brief must be served and filed on or before that date.

MASTRO, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court