Appellate Division: Second Judicial Department

M293628

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-01995 In the Matter of Yaqoob A.-S. (Anonymous). Administration for Children's Services, petitioner-respondent; Bushra A. (Anonymous), respondent-appellant. (Docket No. N-1228-2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Queens County, dated January 18, 2023.

By order to show cause dated July 17, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from an ordered entered upon the default of the appealing party (see CPLR 5511).

Application by the attorney for the child to extend the time to serve and file a brief. Motion by the appellant to accept her reply brief for filing, or, in effect, to extend the time to serve and file a reply brief. Separate motion by the appellant, in effect, to amend the caption.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 application by the attorney for the child to extend the time to serve and file a brief is granted, and on or before February 20, 2024, the attorney for the child shall serve and file a brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by appellant which is, in effect, for an extension of time to serve and file a reply brief is granted, and on or before March 6, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions by appellant are otherwise denied.

DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court