Opinion
Motion Nos. 2022-00105 2022-01734 2022-01735 Docket Nos. NN-17995/2019 V-25943/2019 V-01006/2020 V-20987/2018 V-20987/2018-2019B V-15250/2019 V-15250/2019B/C V-21774/2019
11-27-2023
In the Matter of Rael R. (Anonymous). v. Victoria C. N. (Anonymous), appellant. (Proceeding No. 3) Administration for Children's Services, petitioner-respondent; Victoria C. N. (Anonymous), respondent-appellant, Gerd R. (Anonymous), respondent-respondent. (Proceeding No. 1) In the Matter of Patricia C. L. (Anonymous), et al., petitioners, v. Victoria N. (Anonymous), respondent-appellant, Gerd R. (Anonymous), et al., respondents-respondent (Proceeding No. 2) In the Matter of Gerd R. (Anonymous), respondent, In the Matter of Victoria C. N. (Anonymous), appellant v. Gerd R. (Anonymous), respondent. (Proceeding No. 4)
Unpublished Opinion
MOTION DECISION
M292426
VALERIE BRATHWAITE, NELSON, J.P., PAUL WOOTEN, LILLIAN WAN, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeals from three orders of the Family Court, Queens County, dated October 25, 2019, April 14, 2021, and March 7, 2022, respectively. Motion by the appellant, inter alia, for leave to serve and file a supplemental record containing certain material. Application by the respondent Administration for Children's Services to extend the time to serve and file a brief. Separate motion by the appellant, in effect, to deem the notices of appeal from the orders to be premature notices of appeal from an order of the same court dated December 12, 2022.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion, inter alia, for leave to serve and file a supplemental record containing certain material is denied; and it is further, ORDERED that the motion, in effect, to deem the notices of appeal from the orders dated October 25, 2019, April 14, 2021, and March 7, 2022, to be premature notices of appeal from the order dated December 12, 2022, is granted, the notices of appeal are deemed to be premature notices of appeal from the order dated December 12, 2022 (see CPLR 5520[c]), and that appeal shall be prosecuted under Appellate Division Docket No., and not under Appellate Division Docket Nos. 2022-01734 and 2022-01735; and it is further, ORDERED that on the Court's on motion, the appellant's brief and the brief of the attorney for the child filed in connection with the appeals from the orders dated October 25, 2019, April 14, 2021, and March 7, 2022, are stricken; and it is further, ORDERED that the application is denied as premature; and it is further, ORDERED that the prior decisions and orders on motion granting poor person relief and assigning counsel with respect to the orders dated October 25, 2019, April 14, 2021, and March 7, 2022, are amended to reflect that poor person relief and the assignment of counsel are also granted with respect to the appeal from the order dated December 12, 2022, and the following named attorney shall prosecute the appeal from the order dated December 12, 2022:
Carol Kahn
P.O. Box 1592
New York, NY 10028
212-744-7365
and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings with respect to the order dated December 12, 2022, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further, ORDERED that within 30 days after the date of this decision and order on motion, the appellant shall file in the office of the Acting Clerk of the Court an affidavit or affirmation stating that the transcript of the proceedings related to the order dated December 12, 2022, has been received or, if the transcript has not been received, an affidavit or affirmation stating that a copy of this decision and order on motion has been served upon the clerk of the Family Court, Queens, County, the date thereof, and the date by which the transcript is expected; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.
BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.