In the Matter of Ashlynn R. Yeovanny R. Docket Nos. NA4258516 Ian Noell C.

In the Matter of Ashlynn R. Yeovanny R. Docket Nos. NA4258516 Ian Noell C.
Motion No: M-593
Slip Opinion No: 2020 NYSlipOp 64100(U)
Decided on March 5, 2020
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.



March 5, 2020

In the Matter of

CONFIDENTIAL

Ashlynn R. Yeovanny R. Docket Nos. NA-42585-16

Ian Noell C., NA-42584-16

NA-42583-16

Children Under 18 Years of Age Alleged

to be Abused/Neglected Under

Article 10 of the Family Court Act.

v

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Administration for Children's Services,

Petitioner-Respondent,

Maria R.,

Respondent-Appellant,

Yeovany R.

Respondent,

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Janet E. Sabel, Esq., The Legal Aid

Society, Attorney for the Children.

Separate appeals having been taken to this Court by respondent-mother, Maria R., and respondent-father, Yeovany R., from an order of the Family Court, New York County, entered on or about September 18, 2019, which denied their FCA § 1061 applications and directed that the children Ashlynn R. and Yeovanny R. remain in foster care, and respondent-father's appeal having been perfected,And an appeal having been taken by respondent-mother, Maria R., from an Order of Disposition, same court, entered on or about July 18, 2019, which, inter alia, placed the children Ashlynn R. and Yeovanny R. in the custody of the Commissioner of Social Services of New York County, and appointed Edgar C. as the custodian of the child Ian Noell C., And separate appeals having been taken to this Court by respondent-mother, Maria R., and respondent-father, Yeovany R.,

from an Amended Fact-Finding, Disposition, and Custody Order, same court, entered on or about September 18, 2019, which, inter alia, required additional services, directed no contact between respondent-father and the child Ian Noell C., and directed that the children Ashlynn R. and Yeovanny R. remain in foster care, And petitioner-respondent, Administration for Children's Services, having moved for an order (1) consolidating respondent-mother Maria R.'s unperfected appeal from the order entered on or about September 18, 2019 with respondent-father Yeovany R.'s perfected appeal from the same order, and with respondent mother Maria R.'s and respondent-father Yeovany R.'s unperfected appeals from the Amended Fact-Finding, Disposition, and Custody Order, entered on or about September 18, 2018, and respondent mother Maria R.'s unperfected appeal from Order of Disposition, same court, entered on or about July 18, 2019, and (2) staying petitioner-respondent's time to submit a respondent's brief on the perfected appeal until all of the appeals have been perfected or adjourning the perfected 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 motion is granted to the extent of consolidating the aforementioned appeals and directing respondent-mother, Maria R., and respondent-father, Yeovany R. to perfect all of their appeals for the September 2020 Term of this Court, to which term the perfected appeal is adjourned.ENTERED: March 5, 2020

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-593