In the Matter of the Guardianship of the Person and Custody of Frank Enrique S.

Motion No: M-5937

Slip Opinion No: 2018 NYSlipOp 63890(U)

Decided on February 13, 2018

Appellate Division, First 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.

February 13, 2018

In the Matter of the Guardianship of

the Person and Custody of

Frank Enrique S., Jr.,

Gabrielle G., and

Michael G.,

CONFIDENTIAL

Children Under 18 Years of Age Pursuant

to §384-b of the Social Services Law ofthe State of New York and/or Article 6 of the Family Court Act.

v

- - - - - - - - - - - - - - - -Docket Nos. B-18651/13

Catholic Guardian Society & Home Bureau,B-46584/16

now known as Catholic Guardian Services,B-46585/16

et al.,

Petitioners-Respondents,

Karina F.,

Respondent-Appellant.

Mike G.,

Respondent-Appellant.

- - - - - - - - - - - - - - - -

Seymour W. James, Jr., Esq., The Legal

Aid Society, Juvenile Rights Division.

Attorney for the Children.

An appeal having been taken to this Court by respondent-appellant mother Karina F. from the order and judgment (one paper) of the Family Court, New York County, entered on or about February 4, 2015, under Docket No. B-18651/13,And a purported appeal having been taken to this Court from respondent-appellant father Mike G. from the order of the Family Court, New York County, entered on or about July 10, 2017, under Docket Nos. B-46584-5/16, And an order of this Court having been entered on September 12, 2017 (M-4023), inter alia, denying a stay of adoption of the child Frank Enrique S., Jr. under Docket No. B-18651/13, and vacating the interim stay of adoption granted by the order of a Justice of this Court dated July 27, 2017, And respondent-appellant mother Karina F. having renewed the motion seeking a stay of adoption of the child Frank Enrique S., Jr. under Docket No. B-18651/13, and for other relief (M-5739), And respondents-appellants Mike G. and Karina F. having moved for visitation rights as to all three children (M-5740), And the attorney for the children, The Legal Aid Society, having cross-moved for dismissal of the aforesaid appeals

(M-5937), Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon, It is ordered that the motions are denied. The cross motion is granted only to the extent of dismissing the appeal as to the child Frank Enrique S., Jr., under Docket No. B-18651/13, and the motion is otherwise denied. ENTERED: February 13, 2018

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Richard T. Andrias Cynthia S. Kern Jeffrey K. Oing Anil C. Singh,Justices

M-5937

M-5740

M-5739