| Matter of C. (Anonymous), Julian J.; Administration for Chil |
| Motion No: 2011-04034 |
| Slip Opinion No: 2012 NY Slip Op 67935(U) |
| Decided on March 21, 2012 |
| 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
M135195
E/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2011-04034 In the Matter of Julian J. C. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Juan C. (Anonymous), appellant, et al., respondent. (Docket No. B-33150-08)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 14, 2012, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:
Appeal by Juan C. from an order of the Family Court, Kings County, dated March 14, 2011. The appeal was perfected on November 7, 2011. The respondent New York Foundling Hospital filed a brief on December 14, 2011, and the attorney for the child filed a brief on December 29, 2011. The appellant is raising an issue concerning the constitutionality of Domestic Relations Law § 111 but failed to notify the Attorney General as required by CPLR 1012(b) and Executive Law § 71.
Now, on the Court's own motion, it is
ORDERED that pursuant to CPLR 1012(b) and Executive Law § 71, on or before March 30, 2012, the appellant shall serve a copy of his brief on the Attorney General, and on or before April 20, 2012, the Attorney General shall notify this Court in writing whether he intends to intervene on this appeal.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court