Appellate Division: Second Judicial Department

M229893

E/afa

JEFFREY A. COHEN, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-09222, 2016-10192 In the Matter of Christopher B. (Anonymous). Administration for Children's Services, petitioner-appellant-respondent; Lorraine H. (Anonymous), et al., respondents-respondents- appellants. (Proceeding No. 1) In the Matter of Ava B. (Anonymous). Administration for Children's Services, petitioner-appellant-respondent; Lorraine H. (Anonymous), et al., respondents-respondents- appellants. (Proceeding No. 2) In the Matter of Eric B. (Anonymous). Administration for Children's Services, petitioner-appellant-respondent; Lorraine H. (Anonymous), et al., respondents-respondents- appellants. (Proceeding No. 3) (Docket Nos. N-32408-14, N-32409-14, N-32410-14

DECISION & ORDER ON MOTION )

2016-12712

In the Matter of Eric O. B. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Lorraine H. (Anonymous), respondent-

appellant, et al., respondent.

(Docket No. N-32409-14)

Appeal by Administration for Children's Services and cross appeals by Lorraine H. and Christopher B. from an order of the Family Court, Kings County, dated July 26, 2016, appeal by Administration for Children's Services and cross appeal by Christopher B. from an order of the same court dated September 28, 2016, and appeal by Lorraine H. from an order of the Family Court, Kings County, dated September 22, 2016. By order to show cause dated February 23, 2017, the parties were 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 22, 2016, in the above-entitled proceedings for failure to comply with a scheduling order dated December 22, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by Lorraine H. to withdraw the appeal from the order dated September 22, 2016.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeals and cross appeals from the orders dated July 26, 2016, and September 28, 2016, are consolidated with the appeal from the order dated September 22, 2016; and it is further,

ORDERED that on the Court's own motion, the brief filed by Lorraine H. in connection with her cross appeal from the order dated July 26, 2016, is deemed also to be filed in connection with her appeal from the order dated September 22, 2016, to the extent that the order dated September 22, 2016, brings up for review the issues raised in connection with the appeal from the order dated July 26, 2016; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application to withdraw the appeal is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court