In the Matter of Harmony D. A Child Under 18 Years of Age Alleged to be Neglected Under Article 10 of the Family Court Act. Commissioner of Children's Services

Motion No: M-2002

Slip Opinion No: 2018 NYSlipOp 77435(U)

Decided on July 12, 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.

July 12, 2018

In the Matter of

Harmony D.

A Child Under 18 Years of Age Alleged

to be Neglected Under Article 10 of the

Family Court Act.

- - - - - - - - - - - - CONFIDENTIAL

Commissioner of Children's Services,of the City of New York,Docket Nos. NN-16286-17

Petitioner-Appellant, NN-09471-18

Willie D.,

Respondent-Respondent.

- - - - - - - - - -

Dawne A. Mitchell, Esq., The Legal

Aid Society, Juvenile Rights Division,

Attorney for the Child.

An appeal having been taken to this Court from orders of the Family Court, Bronx County, entered on or about April 12, 2018, and reissued on or about April 19, 2018, And petitioner-appellant having moved to stay that part of the Family Court order releasing the subject child to respondent father, and, relatedly, staying the vacatur of the orders of visitation and temporary custody or placement, in effect at the time that the court dismissed the neglect petition, pending determination of the appeal, And interim relief having been granted by an order of a Justice of this Court, entered on or about April 17, 2018, except that the 1027 hearing may continue, 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 continuing the interim relief, on condition that the Administration for Children's Services perfect for the October 2018 term, with leave to seek an enlargement of the time to perfect, or to adjourn, if the Family Court 1027 hearing is not concluded, with a decision issued, in time for the October Term's deadline to perfect. ENTERED: July 12, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Richard T. Andrias Barbara R. Kapnick Anil C. Singh,Justices

M-2002