In the Matter of Athena Y. and Others Alleged to Be Neglected Children. Rensselaer County Department of Social Services ; Ashleigh Z.

Motion No: 533767

Slip Opinion No: 2021 NY Slip Op 70217(U)

Decided on August 10, 2021

Appellate Division, Third 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.

Decided and Entered: August 10, 2021533767

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In the Matter of ATHENA Y. and Others, Alleged to be Neglected Children.                      
RENSSELAER COUNTY DEPARTMENT OF SOCIAL SERVICES,                                  Respondent;                      DECISION AND ORDER
                      ON MOTION
ASHLEIGH Z.,
                                                       Appellant.
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Motion for permission to appeal, stay pending appeal and permission to proceed as a poor person.

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

ORDERED that the motion for permission to appeal is denied, without costs, as unnecessary (see Family Ct Act § 1112 [a]), and it is further

ORDERED that the motion for a stay pending appeal is referred to Justice Pritzker, who makes the following decision: Motion granted, without costs. It is further

ORDERED that the appeal is set down for the November 2021 term of this Court. The record on appeal and appellant's brief shall be filed and served on or before September 24, 2021. The briefs of respondent and the attorney for the children shall be filed and served on or before October 14, 2021. The reply brief, if any, shall be filed and served on or before October 19, 2021. It is further

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, and Douglas J. Broda, Esq., P.O. Box 239, Troy, NY, 12182, is assigned to represent appellant upon this appeal pursuant to Family Court Act § 1120, and it is further
ORDERED that if the appeal has not been registered with NYSCEF, counsel shall register the appeal within 14 days of the date of this decision and order, and it is further

ORDERED that the appeal shall be perfected by the appendix method in accordance with section 1250.5 (c) of the Practice Rules of the Appellate Division and sections 850.7 (b) and 850.9 (a) of this Court's Rules of Practice, and it is further

ORDERED that pursuant to CPLR 1102, the Clerk of the Family Court of Rensselaer County is directed to furnish two copies of the transcripts of the stenographic minutes of all proceedings in the matter: one to appellant's counsel along with a copy of any other paper or document on file in that office except those which appellate counsel or the court from which the appeal is taken determines are not material and relevant to this appeal, and the second copy of said transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy of the record, and it is further

Garry, P.J., Clark, Pritzker and Colangelo, JJ., concur.

ENTER:

Robert D. Mayberger
Clerk of the Court