Opinion
Motion 2022-00120 2022-00246
03-01-2022
In the Matter of a Proceeding for Custody and/or Visitation Under Article 6 of the Family Court Act. v. Michelle R. and Willie R., Respondents-Respondents. Celinette H. H., Petitioner-Appellant, Docket Nos. V -6806-18/20A, V-6807-18/20A, V-6808-18/20A No. 2021-03086
Hon. Judith J. Gische, Justice Presiding.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Judith J. Gische, Troy K. Webber Jeffrey K. Oing Manuel J. Mendez Bahaati E. Pitt, Justices.
Hon. Judith J. Gische, Justice Presiding.
An appeal having been taken from an order of the Family Court, New York County, entered on or about July 21, 2021, which denied petitioner-mother's writ of habeas corpus and dismissed the petition against respondents grandmother and father, without prejudice to the mother filing a custody petition, and the appeal having been perfected, And petitioner-appellant having moved for this Court to take judicial notice of an August 16, 2018 consent order and stipulation in the related cases in New York Family Court under Docket Nos V-6806-18-V6808-18, and the affidavit of service on the father in those related cases; and (2) to direct the transcription of the allocution of the father and mother and paternal grandmother to the aforesaid consent order and stipulation and enlarging the instant record on appeal to include same (M-2022-00120), And respondent-respondent Michelle R. having cross moved to dismiss the aforesaid appeal on the grounds that the petitioner-appellant has no standing to seek habeas corpus relief without an order of custody in place (M-2022-00246), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that the motion by petitioner-appellant is denied in its entirety (M-2022-00120), and
It is further ordered that the cross motion by respondent-respondent Michelle R. is granted and the appeal dismissed (M-2022-00140).