Appellate Division: Second Judicial Department

M209578

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-01369, 2016-01370, 2016-01371 In the Matter of Hannah T. R. (Anonymous). Administration for Children's Services, petitioner- respondent; Soya R. (Anonymous), respondent- appellant. (Docket No. N-30634-14)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to stay the fact-finding hearing in the above-entitled proceeding pending hearing and determination of appeals from three orders of the Family Court, Kings County, all dated January 5, 2016, for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to stay the fact-finding hearing and to direct that the subject child cannot leave the United States are denied; and it is further,

ORDERED that the branches of the motions which are for poor person relief and for the assignment of counsel are denied with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the respondent-appellant's affidavit setting forth the respondent-appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days of the date of this decision and order on motion, the respondent-appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, as set forth above; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4), or (5), above, has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

RIVERA, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.