PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND WINSLOW, JJ.

CA 21-00160

S.P., PLAINTIFF-APPELLANT, V M.P., DEFENDANT-RESPONDENT.

Plaintiff having moved to vacate an order of the Supreme Court, Niagara County, entered November 30, 2020, and for other summary relief, the Attorney for the Child having moved to dismiss the appeal and for other relief, and plaintiff having cross-moved to disqualify the Attorney for the Child and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's primary motion insofar as it seeks an order: vacating the order appealed; finding that the defendant abused and neglected the subject children; granting plaintiff sole custody of the children; and remanding the proceedings to a different venue to determine supervision issues is denied without prejudice to consideration of the contentions and requests upon submission of the appeal, and

It is further ORDERED that plaintiff's primary motion is otherwise denied, and

It is further ORDERED that the Attorney for the Child's motion insofar as it seeks to dismiss the appeal for failure to perfect and to strike plaintiff's brief is denied, and

It is further ORDERED that the Attorney for the Child's motion insofar as it seeks to strike portions of the record on appeal is denied without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.7 [b]; 1250.7 [g]), and

It is further ORDERED that the Attorney for the Child's motion insofar as it seeks an anonymous caption is granted, and

It is further ORDERED that the record and briefs are sealed, and

It is further ORDERED that the plaintiff's cross-motion is denied.

Entered: March 30, 2022

Ann Dillon Flynn

Clerk of the Court