PRESENT: CENTRA, J.P., PERADOTTO, CARNI, DEJOSEPH, AND CURRAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 17-00431
DOCKET NOS. NA-02032-15, NA-02033-15, NA-03034-15

MATTER OF CELESTE S., IZABELLA S., AND MIA S. MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, PETITIONER-RESPONDENT; MICHELLE S., RESPONDENT, AND RICHARD B., RESPONDENT-APPELLANT.

An appeal having been taken herein from an order of Family Court, Monroe County, entered in the Office of the Clerk of said Court on February 3, 2017, and

respondent-appellant having moved for this Court to take judicial notice of information contained in the New York State Department of Corrections website with respect to his incarceration and earliest release date, and of the notice of appeal filed September 30, 2016, in the criminal matter of People v Richard B. (Monroe County Indictment No. 2015-0487A),

Now, upon reading and filing the affirmation of Paul B. Watkins, Esq., dated December 20 2017, the notice of motion with proof of service thereof, and the statement of Carol L. Eisenman, Esq., dated December 28, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with respect to information in the New York State Department of Corrections website, and

It is further ORDERED that the motion is denied with respect to the notice of appeal in the criminal matter, with leave to renew in respondent-appellant's brief, and without prejudice to either a stipulation deeming the document to be part of the record on appeal or a motion in Family Court (see 22 NYCRR 1000.4 [a] [1] [i], [ii]).

Entered: January 12, 2018

MARK W. BENNETT, Clerk