Matter of Y. (Anonymous), Daniel Marcus, a/k/a Y. (Anonym
Motion No: 2008-05222
Slip Opinion No: 2010 NY Slip Op 66800(U)
Decided on March 26, 2010
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

M100139

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-05222, 2008-05224, 2008-05225,

2008-05230, 2008-05231

In the Matter of Daniel Marcus Y. (Anonymous),

a/k/a Daniel Y. (Anonymous).

SCO Family of Services, et al., respondents;

Marilyn Y. (Anonymous), a/k/a Marilyn J. Y.

(Anonymous), a/k/a Marilyn Jo Y. (Anonymous),

appellant.

(Proceeding No. 1)

In the Matter of Keith Wayne B. Y. (Anonymous),

a/k/a Keith B. Y. (Anonymous), a/k/a Keith B.

(Anonymous), a/k/a Keith Y. (Anonymous).

SCO Family of Services, et al., respondents;

Marilyn Y. (Anonymous), a/k/a Marilyn J. Y.

(Anonymous), a/k/a Marilyn Jo Y. (Anonymous),

appellant.

(Proceeding No. 2)

In the Matter of Keisha Nicole Y. B. (Anonymous),

a/k/a Keisha Y. B. (Anonymous), a/k/a Keisha

Y. (Anonymous), a/k/a Keisha B. (Anonymous).

SCO Family of Services, et al., respondents;

Marilyn Y. (Anonymous), a/k/a Marilyn J. Y.

(Anonymous), a/k/a Marilyn Jo Y. (Anonymous),

appellant.

(Proceeding No. 3)

In the Matter of Kerry Jamal Y. B.(Anonymous),

a/k/a Kerry Y. B. (Anonymous), a/k/a Kerry B.

(Anonymous).

SCO Family of Services, et al., respondents;

Marilyn Y. (Anonymous), a/k/a Marilyn J. Y.

(Anonymous), a/k/a Marilyn Jo Y. (Anonymous),

appellant.

(Proceeding No. 4)

In the Matter of Kia Kianna B. (Anonymous),

a/k/a Kia B. (Anonymous), a/k/a Kianna B. (Anonymous).

SCO Family of Services, et al., respondents;

Marilyn Y. (Anonymous), a/k/a Marilyn J. Y.

(Anonymous), a/k/a Marilyn Jo Y. (Anonymous),

appellant.

(Proceeding No. 5)

(Docket Nos. B-03150-04, B-3151-04, B-3152-04,

B-3153-04, B-3154-04)

DECISION & ORDER ON MOTION

Motion by the attorney for the children Daniel Marcus Y., Kerry Jamal Y. B., and Kia Kianna B. on appeals from five orders of the Family Court, Queens County, all dated May 5, 2008, to be relieved as attorney for the children Daniel Marcus Y., Keith Wayne B. Y., and Kerry Jamal Y. B., to enlarge the time to serve and file a brief, and to enlarge the record to include certain information with respect to the child Kia Kianna B. On September 24, 2009, the following named attorney was assigned as counsel for the children Daniel Marcus Y., Kerry Jamal Y. B., and Kia Kianna B.:

Elliot Green, Esq.

188 Montague Street - 10th Floor

Brooklyn, New York 11201

(718) 260-8668

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 be relieved is granted as to the children Daniel Marcus Y. and Kerry Jamal Y. B., and denied as to the child Keith Wayne B. Y. on the ground that Elliot Green, Esq., was never appointed attorney for the child Keith Wayne B. Y.; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel for the children Daniel Marcus Y. and Kerry Jamal Y. B.:

Larry Bachner, Esq.

153-01 Jamaica Avenue - Suite 201

Jamaica, New York 11432

(917) 378-0176

ORDERED that on the court's own motion, Elliot Green, Esq., is relieved as counsel for the child Kia Kianna B.; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel for the child Kia Kianna B.:

Todd Kadish, Esq.

PMB 2264 - 1412 Avenue M

Brooklyn, New York 11230-5213

(917) 968-1811

and it is further,

ORDERED that former counsel is directed to turn over all papers in the action to new attorneys for the children herein assigned; and it is further,

ORDERED that counsels herein assigned are directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the attorneys for the children shall serve and file briefs expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is to enlarge the record is denied.

COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court