| Matter of M. (Anonymous), Ava; Administration for Chidlren |
| Motion No: 2013-11529 |
| Slip Opinion No: 2015 NY Slip Op 63379(U) |
| Decided on February 6, 2015 |
| 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
M187102
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2013-11529
In the Matter of Ava M. (Anonymous). Administration for Children's Services, petitioner-respondent; Michelle E. M. (Anonymous), respondent-appellant, et al., respondent. (Docket No. N-18712-12)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal from a fact-finding order of the Family Court, Kings County, dated October 13, 2013, to strike the section entitled "Subsequent Events" on pages 37 through 39 of the attorney for the child's brief, or portions of that section, on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a reply brief. Separate motion by the respondent-appellant to deem the notice of appeal from the fact-finding order to be a premature notice of appeal from a dispositional order of the same court dated April 11, 2014, to the extent that the dispositional order brings up for review the fact-finding order, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the section entitled "Subsequent Events" on pages 37 through 39 of the attorney for the child's brief, or portions of that section, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to deem the notice of appeal from the fact-finding order to be a premature notice of appeal from the dispositional order to the extent that the dispositional order brings up for review the fact-finding order is granted (see CPLR 5520[c]); and it is further,
ORDERED that the branches of the motions which are to enlarge the time to serve and file a reply brief are granted, the time for the appellant's time to serve and file a reply brief is enlarged until February 20, 2015, and the reply brief must be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court