Opinion
Motion No: M-6615
01-24-2019
In the Matter of the Guardianship of the Persons and Custody of Richie Noah V., also known as Richie V.; Jessica Rose M., also known as Jessica R. M., also known as CONFIDENTIAL Jessica M., Docket Nos. B-34985/14 Children Under 18 Years of Age Pursuant B-40369/15 to §384-b of the Social Services Law of the State of New York and/or Article 6 of the Family Court Act. New York Foundling Hospital, Petitioner-Respondent, v. Stephanie M., Respondent-Appellant, Ricardo V., Respondent-Appellant.
Janet E. Sabel, Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Children.
Janet E. Sabel, Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Children.
An order of this Court having been entered on July 5, 2018, (M-2130), granting respondent-appellant mother leave to prosecute, as a poor person, the appeal taken from two orders of the Family Court, New York County, rendered on or about March 26, 2018 and on or about March 19, 2018, and assigning Susan Barrie, Esq., as counsel to prosecute the appeal, And respondent-appellant mother having moved, by assigned counsel, for an order granting a reconstruction hearing with respect to nine missing exhibits admitted into evidence at the fact finding hearing; and for an enlargement of time in which to perfect the appeal until 60 days from the date of receipt of the complete record, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of (1) sua sponte directing counsel to respondent-appellant mother, to consult with the attorney for each party to the appeal, to determine whether the exhibits are in their possession, and directing those parties to then provide any such exhibits in their possession to counsel to respondent-mother; (2) remanding the proceeding to the Family Court, New York County, for a reconstruction hearing regarding any exhibits which remain missing, as expeditiously as possible; (3) enlarging the time in which to perfect respondent-appellant's appeal to the June 2019 Term; and (4) sua sponte adjourning respondent-father's appeal from the same orders (Cal. No. 3099) to the June 2019 Term, and directing the Clerk of this Court to calendar both appeals, if respondent-appellant mother's is so perfected, for the same date.
ENTERED: January 24, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter, Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern, Justices
M-6615