| Matter of D. (Anonymous), Zakkariyya; Suffolk County |
| Motion No: 2005-11898 +1 |
| Slip Opinion No: 2006 NYSlipOp 62678(U) |
| Decided on February 3, 2006 |
| 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. |
Appellate Division: Second Judicial Department
M34930
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT J. LUNN, JJ.
|
2005-11898, 2005-11899 In the Matter of Zakkariyya D. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Satari D. (Anonymous), respondent-respondent; Franklyn Rowe, et al., nonparty-appellants.
(Docket No. N-1648/01)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-appellant, inter alia, to stay enforcement of two orders of the Family Court, Suffolk County, both entered December 15, 2005, pending hearing and determination of appeals therefrom. Application by the nonparty-appellants, inter alia, for this court to direct the petitioner-appellant to file a termination of parental rights petition with respect to the subject child.
Upon the papers filed in support of the motion and application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the orders entered December 15, 2005, is granted and enforcement of the orders entered December 15, 2005, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 23, 2006; and it is further,
ORDERED that in the event the appeals are not perfected on or before March 23, 2006, the court, on its own motion, may vacate the stay, or the responent-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that, pending hearing and determination of the appeals, visitation between the respondent-respondent and the subject child shall be supervised by the petitioner-appellant under conditions deemed appropriate in the discretion of the petitioner-appellant; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is dismissed without prejudice to making a formal motion for the same relief (see CPLR 8022[b]).
CRANE, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court