Appellate Division: Second Judicial Department

M292625

KS/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-08239, 2023-08241 In the Matter of Austin C. (Anonymous). Administration for Children's Services, petitioner-respondent; Rasaan K. C. (Anonymous), respondent-appellant, et al., nonparty-respondent. (Proceeding No. 1) In the Matter of Alayna C. (Anonymous). Administration for Children's Services, petitioner-respondent; Rasaan K. C. (Anonymous), respondent-appellant, et al., nonparty-respondent. (Proceeding No. 2) (Docket Nos. N-5368-2023/2023A, N-5367-2023/20 N-13481-2021/2023B, N-13481-2021/2023A, N-13482-2021/2023A, N-13482-2021/2023B)

DECISION & ORDER ON MOTION 23A,

Appeals by Rasaan K. C. from two orders of the Family Court, Queens County, dated August 9, 2023, and August 10, 2023, respectively. Motion by the appellant to stay enforcement of the order dated August 10, 2023, and to release him from confinement, pending hearing and determination of the appeals. Motion by Law Offices of Joseph H. Nivin, P.C., for leave to withdraw as counsel for the appellant.

Upon the papers filed in support of the motion to stay enforcement of the order dated August 10, 2023, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Law Offices of Joseph H. Nivin, P.C., for leave to withdraw as counsel for the appellant, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay enforcement of the order dated August 10, 2023, is denied; and it is further,

ORDERED that the motion by Law Offices of Joseph H. Nivin, P.C., for leave to withdraw as counsel for the appellant is granted, and on or before December 20, 2023, Law Offices of Joseph H. Nivin, P.C., shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Acting Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected]; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of this Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that on or before January 22, 2024, the appellant shall either (1) advise the Court, in writing, of the name and address of his new retained counsel and request an extension of time to serve and file a brief, (2) move for poor person relief and the assignment of counsel, (3) perfect the appeals, or (4) withdraw the appeals.

CONNOLLY, J.P., CHAMBERS, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court