In the Matter of Aliyah N.

Motion No: M-2762

Slip Opinion No: 2018 NYSlipOp 78607(U)

Decided on July 26, 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 26, 2018

In the Matter of

Aliyah N.,

A Dependent Child Under 18 Years

of Age Alleged to be Abused and/or

Neglected Pursuant to Article 10

of the Family Court Act. CONFIDENTIAL

- - - - - - - - - - - - - - - - Docket No. NA 12279/17

The Administration for Children's

Services,

Petitioner-Respondent,

Alvin N.,

Respondent-Appellant,

Leila S.,

Respondent,

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

Dawne A. Mitchell, Esq.,

Juvenile Rights Division,

Legal Aid Society,

Attorney for the Child.

An appeal having been taken from an order of the Family Court, Bronx County, entered on or about April 24, 2018, And respondent-appellant father having moved to stay the aforesaid Family Court order insofar as it denied his application to issue a subpoena ad testificandum for the deposition of a certain expert witness; and to stay the fact finding hearing pending determination of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the stay is granted on condition the appeal is perfected for the November 2018 Term, without prejudice to further proceedings in Family Court, and is otherwise denied. ENTERED: July 26, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Marcy L. Kahn Anil C. Singh Peter H. Moulton, Justices

M-2762