Appellate Division: Second Judicial Department

M260899

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-00639, 2018-05457, 2018-06302 In the Matter of Isaac S. (Anonymous). Administration for Children's Services, petitioner-respondent; Israel S. (Anonymous), et al., respondents-appellants. (Proceeding No. 1) In the Matter of Faigy S. (Anonymous). Administration for Children's Services, petitioner-respondent; Israel S. (Anonymous), et al., respondents-appellants. (Proceeding No. 2) (Docket Nos. N-4462-17, N-4463-17)

DECISION & ORDER ON MOTION

2018-13729

In the Matter of Faigy S. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Israel S. (Anonymous),

et al., respondents-appellants.

(Docket No. N-4462-17)

2018-13734

In the Matter of Faigy S. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Israel S. (Anonymous),

et al., respondents-appellants.

(Docket No. N-4462-17)

Motion by the respondent-appellant Israel S. pro se for poor person relief and the assignment of counsel on appeals from four orders of the Family Court, Kings County, dated November 14, 2017, May 1, 2018, May 9, 2018, October 23, 2018, and October 24, 2018. By orders to show cause both dated January 23, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals by Israel S. from the orders dated October 23, 2018, and October 24, 2018, for failure to comply with scheduling orders both dated November 29, 2018, issued pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]).

Now, upon the orders to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the respondent-appellant Israel S. and the papers filed in opposition thereto, it is

ORDERED that the motions to dismiss the appeals by Israel S. from the orders dated October 23, 2018, and October 24, 2018, are denied; and it is further,

ORDERED that the branch of the motion by the respondent-appellant Israel S. which is for leave to prosecute the appeals from the orders dated November 14, 2017, May 1, 2018, and May 9, 2018, on the original papers is denied as academic as those appeals have been perfected; and it is further,

ORDERED that the branch of the motion by the respondent-appellant Israel S. which is for leave to prosecute the appeals from the orders dated October 23, 2018, and October 24, 2018, on the original papers is denied as unnecessary (see Family Ct Act § 1116), and those appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e][1], 1250.9[a][4],[c][1],[d],[e]; Family Ct Act § 1116); and it is further,

ORDERED that the branches of the motion by the respondent-appellant Israel S. which are to waive the filing fee, for free transcripts, and for the assignment of counsel with respect to the appeals from the orders dated October 23, 2018, and October 24, 2018, are denied; and it is further,

ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the time to perfect the appeals by Israel S. from the orders dated October 23, 2018, and October 24, 2018, is extended until May 10, 2019.

RIVERA, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court