In the Matter of the BD. Children

Motion No: M-1883

Slip Opinion No: 2018 NYSlipOp 75409(U)

Decided on June 19, 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 19, 2018

In the Matter of

The B-D. Children, CONFIDENTIAL

Dependent Children Under 18 Years of Docket Nos.

Age Pursuant to §384-b of the Social B-42029, 32-3/12

Services Law of the State of New York.

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

Administration for Children's

Services, and The Children's Aid

Society,

Petitioners-Respondents,

Josette Lee D.,

Respondent-Appellant.

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

Seymour W. James, Jr., Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Children.

In the Matter of Micah T.,

A Child Under 18 Years of Age Alleged

to be Neglected Under Article 6 of the

Family Court Act. Docket No. N-37640/15 - - - - - - - - - - - - - - -

Administration for Children's

Services, and The Children's Aid

Society, Petitioners-Respondents,

Josette Lee D., Respondent-Appellant. - - - - - - - - - - - - - - -

Seymour W. James, Jr., Esq.,

The Legal Aid Society,

Juvenile Rights Division, Attorney for the Child.

--------------------------------------X

In the Matter of Micah T.,

A Custody/Visitation Proceeding Under

Article 6 of the Family Court Act. - - - - - - - - - - - - - - - Docket Nos. V-31928/16

Administration for Children's V-5449/17

Services, and The Children's Aid

Society, Petitioners-Respondents,

Josette Lee D., Respondent-Appellant. - - - - - - - - - - - - - - -

Seymour W. James, Jr., Esq.,

The Legal Aid Society,

Juvenile Rights Division, Attorney for the Child.

--------------------------------------X Respondent-appellant in the three above-titled proceedings, having moved for leave to prosecute, as a poor person, the

appeal taken from an order covering all three proceedings of the Family Court, New York County, entered on or about March 16, 2018, and for assignment of counsel, a free copy of the transcript(s), and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of

(1) assigning, pursuant to Article 18b of the County Law and §1120 of the Family Court Act, Larry S. Bachner, P.C., c/o Bachner & Associates, P.C., 39 Broadway, Suite 1610, New York, NY 10006, Telephone No. (917) 674-9516, as counsel for purposes of prosecuting the appeal; (2) directing the Clerk of said Family Court to have transcribed the minutes of the proceedings held therein, for inclusion in the record on appeal, the cost thereof to be charged against the City of New York from funds available therefor within 30 days (FCA 1121[7]) of service of a copy of this order upon the Clerk; (3) permitting appellant to dispense with any fee for the transfer of the record(s) from the Family Court to this Court. The Clerk of the Family Court shall transfer the record(s) upon receipt of this order; and (4) appellant is directed to perfect this appeal, in compliance with Rule 600.11 of the Rules of this Court, within 60 days of receipt of the transcripts. Assigned counsel is directed to immediately serve a copy of this order upon the Clerk of the Family Court. ENTERED: June 19, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Richard T. Andrias Troy K. Webber Ellen Gesmer Peter H. Moulton, Justices

M-1883