Appellate Division: Second Judicial Department

M191256

J/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-10084 In the Matter of Alexandryia M. B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Heather C. (Anonymous), respondent-appellant. (Docket No. N-5957-13)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to serve and file a replacement brief on an appeal from an order of the Family Court, Suffolk County, dated September 13, 2013.

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 motion is granted, and the respondent-appellant's time to serve and file a replacement brief on the appeal is enlarged until May 7, 2015; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that in the event the respondent-appellant's replacement brief raises an issue concerning the constitutionality of a statute of the State of New York, the respondent-appellant shall serve upon the Attorney General a copy of the respondent-appellant's replacement brief, as required by CPLR 1012(b) and Executive Law § 71, as well as a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days of service upon him of a copy of the replacement brief, the Attorney General shall notify this Court in writing whether he intends to intervene in this appeal.

SKELOS, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court