In the Matter of Gabriella Nichole N.

Motion No: M-1645

Slip Opinion No: 2018 NYSlipOp 74971(U)

Decided on June 14, 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.

June 14, 2018

In the Matter of

Gabriella Nichole N.,

and Naomi Nichole T.,

Children Under 18 Years of Age Alleged CONFIDENTIAL

to be Abused and/or Neglected Under Article 10 of the Family Court Act. Docket Nos. NN-3075/12

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The Administration for Children's

Services,

Petitioner-Respondent,

Jacqueline Nichola T.,

Respondent-Appellant.

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Seymour W. James, Jr., Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Children.

An appeal having been taken from an Order of Disposition of the Family Court, Bronx County, entered on or about July 1, 2014, bringing up for review a fact finding order entered on or about April 15, 2013, and said appeal having been heard and the Order of Disposition affirmed by an order of this Court entered February 13, 2018 (Appeal Nos. 902-903)[Appeal No. 1], And appeals having been taken to this Court from Permanency Hearing orders of the Family Court, Bronx County, entered on or about February 24, 2016 [Appeal No. 2] and February 28, 2018 [Appeal No. 3], And an order of this Court having been entered on

April 19, 2016 (M-1268), inter alia, granting respondent-appellant leave to prosecute the appeal from the order entered on or about February 24, 2016 as a poor person, and assigning George E. Reed, Jr., Esq., as counsel to prosecute the appeal, And respondent-appellant now having moved for an order

1) relieving assigned counsel George E. Reed, Jr., Esq.,

as counsel on the appeal from the order entered on or about February 24, 2016, and for the assignment of new counsel to prosecute the appeals from the orders entered on or about February 24, 2016 and February 28, 2018; 2) for consolidation

of the aforesaid appeals; and 3) for an enlargement of time to perfect the appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that consolidation of the appeals is granted, and appellant is permitted to prosecute the consolidated appeals upon 9 copies of one record and one set of appellant's points covering the consolidated appeals. The attention of the parties is directed to 22 NYCRR § 600.11, and it is further, Ordered that that portion of the motion seeking the substitution and assignment of counsel is granted to the

extent of striking the designation of assigned counsel,

George E. Reed, Jr., Esq., as counsel to prosecute the

appeal from the order entered on or about February 24,

2016, and assigning, pursuant to Section 722 of the County

Law, Andrew J. Baer, Esq., 299 Broadway, Suite 1415, New York,

NY 10007, Telephone No. 212-233-0318, to prosecute the appeals from both orders. The poor person relief granted by an order

of this Court entered on April 19, 2016 is extended to cover the appeal from the February 28, 2018 order, and the time in which to perfect the consolidated appeals is enlarged to the November 2018 Term. ENTERED: June 14, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern, Justices

M-1645