Appellate Division: Second Judicial Department

M36072

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2006-00868 In the Matter of Christopher O. (Anonymous). Marie O. (Anonymous), et al., respondents; John G. S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jorge O. (Anonymous). Marie O. (Anonymous), et al., respondents; John G. S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. A-01241-04, A-01242-04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated January 12, 2006, in effect, to stay the finalization of the adoption of the subject children pending hearing and determination of the appeal, for leave to proceed on the original papers, to unseal the file for review by the appellant's counsel, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is, in effect, to stay the finalization of the adoption of the subject children is granted, and pending hearing and determination of the appeal, the finalization of the adoption of the subject children is stayed; and it is further,

ORDERED that the branch of the motion which is to unseal the file is granted for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; assigned counsel shall not copy any papers which are unsealed or allow the appellant to review such papers; and it is further,

ORDERED that the branches of the motion which are for a preference in the hearing and determination of the appeal and for leave to proceed on the original papers are denied as unnecessary (see CPLR 5521; 22 NYCRR 670.9[d]).

MILLER, J.P., CRANE, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court