MATTER OF XAVIER B. AND AMIR B.
Motion No: CAF 14-01770
Slip Opinion No: 2015 NY Slip Op 82829(U)
Decided on August 24, 2015
Appellate Division, Fourth 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.


August 24, 2015

PRESENT: SMITH, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 14-01770
DOCKET NOS. B-10004-13 AND B-10005-13

MATTER OF XAVIER B. AND AMIR B.



MONROE COUNTY DEPARTMENT OF HUMAN SERVICES,

PETITIONER-APPELLANT;

NADIR J.B., RESPONDENT-RESPONDENT.

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TANYA J. CONLEY, ATTORNEY FOR THE CHILDREN, APPELLANT.


The attorney for the children having moved to vacate the dismissal of an appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on September 24, 2014, and for other relief,

Now, upon reading and filing the statement of Tanya J. Conley, Esq., filed August 11, 2015, the notice of motion with proof of service thereof, and the statement of James Hobbs, Esq., dated August 20, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal taken by the attorney for the children is consolidated with the appeal taken by petitioner-appellant, on condition that the attorney for the children submit an original and ten copies of a supplemental record on appeal containing the notice of appeal filed by the attorney for the children and proof of service of the notice of appeal, and ten copies of the attorney for the children's brief, together with proof of service of the supplemental record and brief, on or before August 31, 2015, and

It is further ORDERED that respondent's briefs shall be filed and served on or before September 30, 2015.

Entered: August 24, 2015

FRANCES E. CAFARELL, Clerk