Matter of T. (Anonymous), Aliyah; H. (Anonymous), Adrianna; Administra
Motion No: 2017-04723
Slip Opinion No: 2018 NY Slip Op 89965(U)
Decided on December 3, 2018
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257909

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-04723, 2017-07072, 2017-07074

In the Matter of Aliyah T. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Jaivon T. (Anonymous),

respondent-appellant.

(Proceeding No. 1)

In the Matter of Adrianna H. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Jaivon T. (Anonymous),

respondent-appellant.

(Proceeding No. 2)

(Docket Nos. N-3174-15, N-3175-15)

DECISION & ORDER ON MOTION

Motion by the attorney for the children on appeals from three orders of the Family Court, Richmond County, one dated March 29, 2017, and two dated June 30, 2017, to hold the nonparty Margaret K. in civil contempt for failure to comply with a decision and order on motion of this Court dated August 21, 2018, which directed her to produce the children for an interview at the office of the attorney for the children, and to extend the time to serve and file a brief. Separate motion by the attorney for the nonparty Margaret K. to be relieved of the assignment and for the assignment of new counsel or, in the alternative, for an extension of time so that the nonparty Margaret K. can retain counsel.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the matter is remitted to the Family Court, Richmond County, to hear and report as to whether the nonparty Margaret K. should be held in civil contempt with respect to the decision and order on motion of this Court dated August 21, 2018; the Family Court, Richmond County, shall file its report expeditiously with all convenient speed; and it is further,

ORDERED that the motions are held in abeyance in the interim.

BALKIN, J.P., ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court