In the Matter of Gabriella Nichole N.

Motion No: M-3772

Slip Opinion No: 2018 NYSlipOp 83181(U)

Decided on September 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.

September 13, 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

v

- - - - - - - - - - - - - - - - NN-21860/12

The Administration for Children's

Services,

Petitioner-Respondent,

Jacqueline Nichola T.,

Respondent-Appellant.

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

Dawne A. Mitchell, Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Children.

Consolidated appeals having been taken to this Court from Permanency Hearing orders of the Family Court, Bronx County, entered on or about February 24, 2016 and February 28, 2018, And respondent-appellant having moved for a reconstruction hearing with respect to a missing exhibit, namely, an

Administration for Children's Services report pertaining to the child Gabriella Nichole N., and for an enlargement of time to perfect the consolidated appeals, 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 remanding the matter to the Family Court, Bronx County, for a reconstruction hearing regarding the missing exhibit, such hearing to be conducted as expeditiously as possible. Appellant's counsel is directed to serve a copy of this order upon the Clerk of the Family Court, Bronx County, within 10 days from the date of entry hereof, and the Clerk is directed to have the minutes transcribed and delivered to appellant's counsel, for inclusion in the record on appeal, within 30 days of the conclusion of said reconstruction. The time to perfect the consolidated appeals is enlarged to the March 2019 Term, with leave to seek further enlargements, if necessary. ENTERED: September 13, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3772