Serenity R. L.
v.
Admin. for Children's Servs.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of the State of New YorkSep 13, 2018
2018 N.Y. Slip Op. 83271 (N.Y. App. Div. 2018)

Motion No: M-3771

09-13-2018

In the Matter of the Application for Approval of an Instrument Concerning Serenity R. L., A Child Subject of a Foster Care Placement Proceeding under Social Services Law § 358-a. CONFIDENTIAL v. Administration for Children's Services, Docket No. L-3961/18 Petitioner-Respondent

Dawne A. Mitchell, Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child-Appellant.


Dawne A. Mitchell, Esq., The Legal Aid Society, Juvenile Rights Division, Attorney for the Child-Appellant.

Leave having been sought to appeal from an interlocutory order of the Family Court, New York County, entered on or about July 23, 2018, and a motion having been made to stay the execution of the arrest warrant issued pursuant to said July 23, 2018 order, pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that leave to appeal is granted. That portion of the motion seeking a stay of the arrest warrant is granted on condition that appellant perfects the appeal on or before October 1, 2018 for the December 2018 Term. Assuming the appeal is so perfected, the Clerk is directed to calendar the appeal to be heard together with Matter of Zavion O., Docket No. L-2512/17.All concur except Friedman, J., who partially dissents as follows: Friedman, J. (partially dissenting) Insofar as the majority grants a stay, I respectfully dissent.

ENTERED: September 6, 2018

_____________________ CLERK

Friedman, J.P., Sweeny, Gische, Mazzarelli, Kapnick, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a:

M-3958 Samina Uddin, admitted on 11-21-2003, at a Term of the Appellate Division,First Department Petitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

Friedman, J.P., Sweeny, Gische, Mazzarelli, Kapnick, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a:

M-4039 Sheri L. Rosenfeld, admitted on 8-24-1987, at a Term of the Appellate Division,First Department Petitioner reinstated as a retired attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

Friedman, J.P., Sweeny, Gische, Mazzarelli, Kapnick, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a:

M-4040 Marco Eugenio Palmese, admitted on 9-16-1996, at a Term of the Appellate Division,First Department Petitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

Friedman, J.P., Sweeny, Gische, Mazzarelli, Kapnick, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a:

M-4057 Rachel Schneider, admitted on 2-5-1996, at a Term of the Appellate Division,First Department Petitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

Friedman, J.P., Sweeny, Gische, Mazzarelli, Kapnick, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a:

M-4073 Lola Bohn, admitted on 10-5-1976, at a Term of the Appellate Division, First DepartmentPetitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

Friedman, J.P., Sweeny, Gische, Mazzarelli, Kapnick, JJ. In the Matter of Attorneys Who Are in Violation of Judiciary Law Section 468-a:

M-4134 Iris Temple, admitted on 6-13-1988, at a Term of the Appellate Division, First DepartmentPetitioner reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. All concur.

Sweeny, J.P., Renwick, Richter, Manzanet-Daniels, Kahn, JJ.

M-3306In the Matter of Steven R. Donziger, an attorney and counselor-at-law: Leave to file a brief amicus curiae in opposition to the motion denied, as indicated. No opinion. All concur.

The Following Motion Order Was Entered and Filed on 9/6/18

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3771