Appellate Division: Second Judicial Department

M270488

E/jr

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2018-10295, 2018-10299, 2018-14330, 2018-14333 In the Matter of Joe P. I. (Anonymous). Administration for Children's Services, petitioner- respondent; Robert M. (Anonymous), respondent- appellant. (Proceeding No. 1) In the Matter of Margaret M. M. (Anonymous). Administration for Children's Services, petitioner- respondent; Robert M. (Anonymous), respondent- appellant. (Proceeding No. 2) (Docket Nos. N-19411-18, N-19410-18)

DECISION & ORDER ON MOTION

2019-10730, 2019-11436, 2019-11437,

2019-11439, 2019-11869, 2019-12624,

2019-12626, 2019-14354

In the Matter of Margaret M. M. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Robert M. (Anonymous), respondent-

appellant.

(Proceeding No. 1)

In the Matter of Joe P. I. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Robert M. (Anonymous), respondent-

appellant.

(Proceeding No. 2)

In the Matter of Robert Malek, appellant,

v Margaret Ingoglia, respondent.

(Proceeding No. 3)

(Docket Nos. N-19411-18, N-19410-18, O-28701-18)

Motion by the appellant pro se to recall and vacate so much of a decision and order on application of this Court dated May 13, 2019, as deemed withdrawn appeals from four orders of the Family Court, Kings County, dated July 31, 2018 (two orders), October 16, 2018, and November 8, 2018, respectively, to reinstate those appeals, to consolidate those appeals with appeals from an order of the same court dated August 7, 2019, four orders of the same court dated August 29, 2019, two orders of the same court dated September 18, 2019, and an order of the same court dated November 14, 2019, and for leave to prosecute the appeals from the orders dated September 18, 2019, and November 14, 2019, as a poor person.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on application of this Court dated May 13, 2019, as deemed withdrawn appeals from the orders dated July 31, 2018, October 16, 2018, and November 8, 2018, and to reinstate those appeals is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated July 31, 2018, October 16, 2018, and November 8, 2018, with the other appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated August 7, 2019, August 29, 2019, September 18, 2019, and November 14, 2019, is granted; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals from the orders dated September 18, 2019, and November 14, 2019, as a poor person is granted, and those appeals, as well as the appeals from the orders dated August 7, 2019, and August 29, 2019, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties. 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 stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the children, if any, when the appellant serves his brief upon those parties; and it is further,

ORDERED that the appellant is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

BALKIN, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court