| Matter of M. (Anonymous), Aliya; Adam; Alina; Alessa; |
| Motion No: 2009-09527 |
| Slip Opinion No: 2009 NY Slip Op 88661(U) |
| Decided on November 16, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M94452
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
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2009-09527 In the Matter of Aliya M. (Anonymous). Administration for Children's Services, respondent; Ruknuddin M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adam M. (Anonymous). Administration for Children's Services, respondent; Ruknuddin M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Alina M. (Anonymous). Administration for Children's Services, respondent; Ruknuddin M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Aleesa M. (Anonymous). Administration for Children's Services, respondent; Ruknuddin M. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-19770/08, N-19771/08, N-19772/08, N-19773/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated October 13, 2009, to vacate the order, to direct his release from incarceration pending hearing and determination of the appeal, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to vacate the order and to direct his release from incarceration are denied; and it is further,
ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied as unnecessary with respect to leave to prosecute the appeal on the original papers (see Family Ct Act § 1116), and otherwise denied as academic in light of the representation by the appellant that he has retained counsel; the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
MASTRO, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court