Matter of L.-A. (Anonymous), Zhara; Administration for Children's Serv
Motion No: 2021-01043
Slip Opinion No: 2023 NY Slip Op 63317(U)
Decided on March 13, 2023
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287825

KS/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2021-01043, 2021-01061, 2021-01484,

2021-04659

In the Matter of Zhara L.-A. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebony L. (Anonymous),

etc., respondent-appellant.

(Proceeding No. 1)

In the Matter of Zaire L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebony L. (Anonymous),

etc., respondent-appellant.

(Proceeding No. 2)

In the Matter of Zendaya L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebony L. (Anonymous),

etc., respondent-appellant.

(Proceeding No. 3)

(Docket Nos. NN-34280-2012, NN-30628-2016,

NN-30629-2016)

DECISION & ORDER ON MOTION

Appeals from four orders of the Family Court, Kings County, dated February 3, 2021, February 4, 2021, February 18, 2021, and May 26, 2021, respectively. Motion by the appellant, inter alia, to strike stated portions of the brief of the attorney for the children on the ground that they refer to matter dehors the record and for leave to prosecute the appeals as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any, and that branch of the motion is otherwise denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income; and it is further,

ORDERED that the parties are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act § 1116); and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court