Appellate Division: Second Judicial Department

M184125

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2013-04531 In the Matter of Daniel B. (Anonymous), appellant. (Docket No. D-24522-12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Queens County, dated March 15, 2013, inter alia, on the ground that no appeal lies from an order entered upon the consent of the appealing party, or alternatively, 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 on the ground that no appeal lies from an order entered upon the consent of the appealing party 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 12, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., RIVERA, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court