Matter of D. (Anonymous), Najaf; D. (Anonymous), Naja
Motion No: 2010-02674
Slip Opinion No: 2010 NY Slip Op 67638(U)
Decided on April 6, 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

M100915

E/sl

HOWARD MILLER, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-02674

In the Matter of Najaf D. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Kizwana M. (Anonymous), respondent-

respondent; Doreen D. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Najad D. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Kizwana M. (Anonymous), respondent-

respondent; Doreen D. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Nadra D. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Kizwana M. (Anonymous), respondent-

respondent; Doreen D. (Anonymous), appellant.

(Proceeding No. 3)

(Docket Nos. N-35544/06, N-35545/06,

N-35546/06, N-33179/07)

DECISION & ORDER ON MOTION

Motion by Doreen D. for leave to appeal to this court from an order of the Family Court, Kings County, dated February 18, 2010, in effect, to stay enforcement of so much of the order as directed her forensic evaluation pending hearing and determination of the appeal, and to waive the motion filing fee.

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 for leave to appeal is denied as unnecessary (see Family Ct Act § 1112); and it is further,

ORDERED that the moving papers of Doreen D. are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the order as directed the forensic evaluation of Doreen D. is denied; and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee is granted and the motion filing fee is waived.

MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court