Matter of A. (Anonymous), Johanna; Isaiah; Edwin; Gab
Motion No: 2008-05779
Slip Opinion No: 2008 NYSlipOp 77036(U)
Decided on July 7, 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

M72831

S/cb

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-05779

In the Matter of Johanna A. (Anonymous).

Commissioner of Administration for Children's

Services, City of New York, appellant; Maylem

R. (Anonymous), respondents.

(Proceeding No. 1)

In the Matter of Isaiah A. (Anonymous).

Commissioner of Administration for Children's

Services, City of New York, appellant; Maylem

R. (Anonymous), respondents.

(Proceeding No. 2)

In the Matter of Edwin A. (Anonymous).

Commissioner of Administration for Children's

Services, City of New York, appellant; Maylem

R. (Anonymous), respondents.

(Proceeding No. 3)

In the Matter of Gabriel A. (Anonymous).

Commissioner of Administration for Children's

Services, City of New York, appellant; Maylem

R. (Anonymous), respondents.

(Proceeding No. 4)

In the Matter of Amarilys A. (Anonymous).

Commissioner of Administration for Children's

Services, City of New York, appellant; Maylem

R. (Anonymous), respondents.

(Proceeding No. 5)

In the Matter of Jose R. (Anonymous).

Commissioner of Administration for Children's

Services, City of New York, appellant; Maylem

R. (Anonymous), respondents.

(Proceeding No. 6)

In the Matter of Marcos A. (Anonymous).

Commissioner of Administration for Children's

Services, City of New York, appellant; Maylem

R. (Anonymous), respondents.

(Proceeding No. 7)

(Index No. N-23187-06, N-23188-06, N-23189-06,

N-23190-06, N-23191-06, N-23192-06, N-23193-06)

DECISION & ORDER ON MOTION

Motion by the Commissioner of Administration for Children's Services, City of New York, for leave to appeal to this court from an order of the Family Court, Kings County, dated June 17, 2008, and, inter alia, to place the subject children in the custody of the Commissioner of Administration for Children's Services pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court