Appellate Division: Second Judicial Department

M264588

E/mm

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2019-07707, 2019-07708 In the Matter of Judah D. K. (Anonymous), respondent; Administration for Children's Services, appellant. (Docket Nos. D-21483-17/19B, D-22093-17/19B, D-24671-17/19B, D-29847-17/19A, D-24671-17, D-24671-17/19A)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this Court from two orders of the Family Court, Kings County, both dated July 2, 2019, and to temporarily extend the appellant's placement with ACS/Close to Home until an extension of placement hearing is held.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order that dismissed the petitions is denied as unnecessary as that order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order that, in effect, denied reargument is denied; and it is further,

ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order that, in effect, denied reargument is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to temporarily extend the appellant's placement with ACS/Close to Home until an extension of placement hearing is held is granted to the extent that the appellant's placement with ACS/Close to Home is extended, pending hearing and determination of the appeal from the order dated July 2, 2019, that dismissed the petitions on condition that the appeal from that order is perfected on or before August 9, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 9, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before August 23, 2019; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before August 30, 2019; and it is further,

ORDERED that service of the record or appendices, if any, and all briefs in this appeal shall be effected pursuant to CPLR2103(b)(1),(3), or (6); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court