Matter of Mc. (Anonymous), Aniyah; Administration for
Motion No: 2008-02832
Slip Opinion No: 2008 NYSlipOp 68789(U)
Decided on April 9, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M68841

E/sl

ROBERT A. SPOLZINO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2008-02832

In the Matter of Aniyah Mc. (Anonymous).

Administration for Children's Services,

respondent; Ann Marie Mc. (Anonymous),

appellant.

(Docket No. N-6245/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated March 27, 2008, to direct an immediate hearing pursuant to Family Court Act § 1028, to direct that the hearing be held before a different Family Court judge, and to direct the appointment of a new attorney for the subject child.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct an immediate hearing pursuant to Family Court Act § 1028 is granted and the matter is remitted to the Family Court, Kings County, for an immediate hearing pursuant to Family Court Act § 1028; and it is further,

ORDERED that the branches of the motion which are to direct that the hearing be held before a different Family Court judge and to direct the appointment of a new attorney for the subject child are denied.

SPOLZINO, J.P., BALKIN, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court