Opinion
M-5499 M-5355 M-4781
11-16-2017
In the Matter of a Proceeding for Support Under Article 4 of the Family Court Act. CONFIDENTIAL Carmen R., Petitioner-Appellant, Docket No. F-4968-15/16D v. Luis I., Respondent-Respondent.
An appeal having been taken from the order of the Family Court, Bronx County, entered on or about June 5, 2017, and said appeal having been perfected, And Her Justice and Sanctuary for Families having moved for leave to file an amicus curiae brief (M-4781), And respondent having moved to dismiss the appeal as moot, and/or on the ground that the interim order is not an order that is appealable as of right (M-5355),And petitioner-appellant having cross-moved for appellate preference to the extent of maintaining the appeal on this Court's calendar for the December 2017 Term (M-5499), Now, upon reading and filing the papers with respect to the motions and cross motion and due deliberation having been had thereon, It is ordered that the motion seeking leave to file an amicus curiae brief is granted to the extent of deeming the briefs submitted as filed (M-4781). The motion by respondent for dismissal of the appeal is denied, without prejudice to respondent raising arguments directly on appeal (M-5355). The cross motion is granted only to the extent of adjourning the appeal to the February 2018 Term and ordering that the appeal be maintained on this Court's calendar for the February 2018 Term (M-5499).
ENTERED: November 16, 2017
_____________________ CLERK
PRESENT: Hon. David Friedman, Presiding Justice, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Peter H. Moulton, Justices