| Matter of C. (Anonymous), Sarah; C. (Anonymous), Shawn; |
| Motion No: 2012-09275 |
| Slip Opinion No: 2012 NY Slip Op 91548(U) |
| Decided on November 27, 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
M147023
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2012-09275, 2012-09276
In the Matter of Sarah C. (Anonymous). Administration for Children's Services, petitioner; Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 1) In the Matter of Shawn C. (Anonymous). Administration for Children's Services, petitioner; Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 2) In the Matter of Joseph C. (Anonymous). Administration for Children's Services, petitioner; Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 3) In the Matter of Joshua C. (Anonymous). Administration for Children's Services, petitioner; Caroline C. (Anonymous), respondent-respondent, et al., respondent; District Attorney of Kings County, appellant. (Proceeding No. 4) (Docket Nos. N-31164-09, N-31165-09, N-31166-09, N-31167-09)
| ORDER TO SHOW CAUSE |
Appeals by District Attorney of Kings County from an order of the Family Court, Kings County, dated September 5, 2012, and a subpoena duces tecum dated July 10, 2012.
On the Court's own motion, it is
ORDERED that the appeal from the subpoena duces tecum dated July 10, 2012 (Appellate Division Docket No. 2012-09276), is dismissed, without costs or disbursements, on the ground that the subpoena is not appealable as of right or by permission (see Family Ct Act § 1112); and it is further,
ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated September 5, 2012, on the ground that the order was entered upon the default of the appealing party (see CPLR 5511) or on the ground that the order was issued ex parte and therefore no appeal lies (see CPLR 5704), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before December 18, 2012; and it is further,
ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail.
ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court