Opinion
M-4299 M-3912
03-13-2018
In the Matter of Shaila C., A Child Under 18 Years of Age AllegedCONFIDENTIAL to be Neglected and/or Abused UnderArticle 10 of the Family Court Act. Docket No. NN-19085/17 Commissioner of Children's Services of the City of New York, Petitioner-Appellant, Shirley O., Respondent-Respondent.
An appeal having been taken to this Court from the order of the Family Court, Bronx County, entered on or about July 19, 2017, And petitioner-appellant having moved for an order staying or striking the portion of the order permitting respondent-respondent to have unsupervised visits with the subject child (M-3912), And Kevin L. McAllister, Esq., court attorney for the subject child, having moved in an affirmation in reply to M-3912, and deemed a separate motion, and on the subject child's behalf, for leave to respond to the aforesaid appeal as a poor person, and for assignment of counsel, a free copy of the transcript, and for related relief (M-4299), 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 for a stay (M-3912) is denied, without prejudice to further proceedings in Family Court, and with leave to renew on the basis of information presented in Family Court at subsequent proceedings that directly or indirectly reflect on the health and safety of the subject child, and it is further, Ordered poor person relief is granted for the subject child to the extent of (1) assigning, pursuant to §1120 of the Family Court Act, Larry S. Bachner, P.C., c/o Bachner & Associates, P.C., 39 Broadway, Suite #1610, New York, NY 10006, Telephone No. 917-674-9516, as counsel for purposes of responding to the appeal; (2) permitting movant to respond to the appeal upon a reproduced respondent's brief, on condition that one copy of such brief be served upon the attorney for petitioner-appellant and 8 copies thereof are filed with this Court.
ENTERED: March 13, 2018
_____________________ CLERK
Present: Hon. John W. Sweeny, Jr.,Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Ellen Gesmer,Justices