Matter of Powell v Scott
Motion No: 2016-00646
Slip Opinion No: 2016 NY Slip Op 66177(U)
Decided on March 4, 2016
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

M207091

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-00646, 2016-00647

In the Matter of Bintell A. Powell, petitioner,

v Sheila Donice Scott, respondent.

(Docket No. V-2705-11)

DECISION & ORDER ON MOTION

Motion by Bintell A. Powell for leave to appeal to this Court from two orders of the Family Court, Nassau County, both dated April 28, 2015, or, inter alia, to extend the time to file a notice of appeal, which was timely served, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the orders are appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is, inter alia, to extend the time to file the notice of appeal, which was timely served, is granted, and on or before March 25, 2016, the appellant shall file the notice of appeal, and provide proof of filing to this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing his brief on the appeal is enlarged until April 15, 2016.

HALL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court