In the Matter of Athena M.

Motion No: M-2106

Slip Opinion No: 2020 NYSlipOp 70562(U)

Decided on August 27, 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.

August 27, 2020

In the Matter of

CONFIDENTIAL

Athena M., Docket No. NN-14196/18

A Child Under Eighteen Years of Age

Alleged to be Neglected Under

Article 10 of the Family Court Act.

- - - - - - - - - -

Administration for Children's

Services,

Petitioner-Respondent,

-against

Manuel M. T.,

Respondent-Appellant.

- - - - - - - - - -

Michael Moorman, Esq., Lawyers for

Children, Attorney for the Child.

An appeal having been taken to this Court from an order of the Family Court, New York County, entered on or about March 28, 2019, And respondent-appellant having moved for an order (i) supplementing the record on appeal to include three exhibits admitted into evidence in the lower court (two of which are annexed as Exhibit C to respondent's moving papers) but excluded from the record on appeal filed in this court and not provided to assigned appellant counsel; and (ii) granting an extension of time in which to file an appellant's brief to 30 days after receipt of said Exhibits by counsel for Appellant, 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 enlarging the record on appeal to include the three exhibits at

issue, two of which are annexed as Exhibit C to appellant's moving papers, directing the Administration for Children's

Services to use its best efforts to locate the missing zip file exhibit, and extending the time to perfect the appeal to the December 2020 Term of this Court. ENTERED: August 27, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2106