Opinion
9096
04-25-2019
IN RE KAEYDEN H., and Another, Children Under Eighteen Years of Age, etc., Manuel H., Respondent–Appellant, v. Administration for Children's Services of the City of New York, Petitioner.
Simpson Thacher & Bartlett LLP, New York (David Elbaum of counsel), for appellant. Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
Simpson Thacher & Bartlett LLP, New York (David Elbaum of counsel), for appellant.
Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
Sweeny, J.P., Manzanet–Daniels, Tom, Kapnick, Moulton, JJ.
Order, Family Court, Bronx County (Michael R. Milsap, J.), entered on or about June 21, 2018, which, to the extent appealed from as limited by the briefs, inter alia, precluded respondent Manuel H. from disseminating certain transcripts and notes from a Family Court proceeding, unanimously modified, on the law, to the extent of allowing appellant to share those transcripts and notes with his defense counsel in a related criminal proceeding, and otherwise affirmed, without costs.
An individual facing parallel Family Court and criminal proceedings can provide documents lawfully obtained in the Family Court matter to his or her criminal defense counsel ( Matter of Sean M. [Yanny M.], 151 A.D.3d 636, 58 N.Y.S.3d 334 [1st Dept. 2017] ). Although the documents at issue in Sean M. were ACS's investigative reports, there is no meaningful distinction between those documents and the transcript at issue here that would warrant a different outcome.