Appellate Division: Second Judicial Department

M300469

KS/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

LARA J. GENOVESI

CARL J. LANDICINO, 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.

2024-02948

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

Administration for Children's Services,

petitioner-respondent; Ebonie T. G.

(Anonymous), respondent-appellant.

(Proceeding No. 1)

In the Matter of Zendaya L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebonie T. G.

(Anonymous), respondent-appellant.

(Proceeding No. 2)

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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 25, 2024, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from five orders of the Family Court, Kings County, dated February 3, 2021, February 4, 2021, February 18, 2021, May 26, 2021, and March 15, 2024, respectively. Motion by the appellant to compel the Family Court, Kings County, to furnish this Court with certain material, to extend the time to serve and file a reply brief, and, in effect, to extend the time to comply with the scheduling order of this Court dated August 30, 2024.

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

ORDERED that the branch of the motion which is 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, is denied as unnecessary as this relief was previously granted by decision and order on motion of this Court dated August 30, 2024; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief on the appeal from the order dated March 15, 2024, is denied as premature; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief on the appeals from the orders dated February 3, 2021, February 4, 2021, February 18, 2021, May 26, 2021, is granted, and on or before December 2, 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; and it is further,

ORDERED that the branch of the appellant's motion which is, in effect, to extend the time to comply with the scheduling order of this Court dated August 30, 2024, is granted, and within 30 days of the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal from the order dated March 15, 2024; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal from the order dated March 15, 2024, as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal from the order dated March 15, 2024; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), (4) or (5) above has been taken within 30 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal from the order dated March 15, 2024, to show cause why that appeal should or should not be dismissed.

CHAMBERS, J.P., MALTESE, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court