Appellate Division: Second Judicial Department

M128960

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-09803 In the Matter of Alysha R. (Anonymous). Administration for Children's Services, petitioner-respondent; Becky R. (Anonymous), et al., respondents-respondents; Gemma U. Thomas-Ahyase, nonparty-appellant. (Docket No. N-37665/09)

DECISION & ORDER ON MOTION

Motion by Gemma U. Thomas-Ahyase, the attorney for the child, for leave to appeal to this Court from an order of the Family Court, Kings County, dated October 20, 2011, inter alia, to remove the child from the father's home and remand the child to the care and custody of the maternal grandmother pending hearing and determination of the appeal, for poor person relief, to assign Gemma U. Thomas-Ahyase, as attorney for the child on the appeal and for a preference in the calendaring of the appeal.

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 as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is, inter alia, to remove the child from the father's home and remand the child to the care and custody of the maternal grandmother pending hearing and determination of the appeal is granted and Alysha R. is remanded to the care and custody of the maternal grandmother pending hearing and determination of the appeal or further order of the Family Court, Kings County, concerning placement of the child, and that branch of the motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the motion which is for poor person relief is granted (see Family Ct Act § 1116), and 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 child. 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); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the branch of the motion which is to assign Gemma U. Thomas-Ahyase, as attorney for the child on the appeal is denied as unnecessary (see Family Ct Act § 1120[b]); and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1120[b]).

MASTRO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court