Matter of L.-A. (Anonymous), Zhara; Administration for Children's Serv
Motion No: 2021-01043
Slip Opinion No: 2024 NY Slip Op 73479(U)
Decided on August 30, 2024
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

M298714

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

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; Ebonie T. G. (Anonymous),

also known as Ebony L. (Anonymous), respondent-ap

(Proceeding No. 1)

In the Matter of Zaire D. R. L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebonie T. G. (Anonymous),

respondent-appellant.

(Proceeding No. 2)

In the Matter of Zendaya L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebonie T. G. (Anonymous),

respondent-appellant.

(Proceeding No. 3)

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

NN-30629-2016)

DECISION & ORDER ON MOTION





pellant.

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 to compel the Family Court, Kings County, to furnish this Court with certain material, for leave to serve and file a replacement appellant's brief, and for leave to prosecute the appeals as a poor person. Separate motion by the appellant for leave to prosecute the appeals as a poor person and to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motion to compel the Family Court to furnish this Court with certain material, for leave to serve and file a replacement appellant's brief, and for leave to prosecute the appeals as a poor person and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to prosecute the appeals as a poor person and to extend the time to serve and file a reply brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are to compel the Family Court, Kings County, to furnish this Court with copies of the written summation of the attorney for the child, New York Psychotherapy and Counseling Center records, and prior motions filed before the Family Court, Kings County, in these proceedings are denied as unnecessary as those documents have been provided to this Court; and it is further,

ORDERED that the branches of the motion which are to compel the Family Court, Kings County, to furnish this Court with copies of Johnson Counseling Center records and certain submissions to the Family Court in connection with a reconstruction hearing are denied; and it is further,

ORDERED that the branches of the motion which are to compel the Family Court, Kings County, to furnish this Court with copies of a Docketing Acknowledgment Notice dated December 1, 2016, Notice of Inspection dated December 16, 2016, Notice to Reschedule Inspection dated December 28, 2016, and Order Terminating Proceeding dated February 6, 2017, issued by the State of New York Division of Housing and Community Renewal, Office of Rent Administration, are granted to the extent that the clerk of the Family Court shall furnish to this Court copies of the notices and orders issued by the State of New York Division of Housing and Community Renewal, Office of Rent Administration, which were admitted into evidence during the fact-finding hearing, to the extent that such documents are within the possession of the Family Court, Kings County, and those branches of the motion are otherwise denied; and it is further,

ORDERED that the branches of the motions which are leave to serve and file a replacement brief and for leave to prosecute the appeals as a poor person are denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before September 30, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court