Appellate Division: Second Judicial Department

M34892

T/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-11934 In the Matter of Alexa Destiny E. (Anonymous). Suffolk County Department of Social Services, appellant; Roger E. (Anonymous), respondent. (Matter No. 1) (Docket No. N-02214-05) In the Matter of Taylor E. (Anonymous). Suffolk County Department of Social Services, appellant; Roger E. (Anonymous), respondent. (Matter No. 2) (Docket No. N-02215-05) In the Matter of Tyler E. (Anonymous). Suffolk County Department of Social Services, appellant; Roger E. (Anonymous), respondent. (Matter No. 3) (Docket No. N-02216-05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated December 20, 2005, to stay enforcement of so much of the order as allowed unsupervised visitation by the respondent with the subject children, and, in effect, to continue visitation under the terms and conditions set forth in an order of the same court dated July 26, 2005, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted, so much of the order dated December 20, 2005, as allowed unsupervised visitation by the respondent with the subject children is stayed and visitation shall continue under all of the terms and condition as set forth in the order of the Family Court dated July 26, 2005, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before February 14, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 14, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court