Appellate Division: Second Judicial Department

M39773

O/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2006-04607 In the Matter of Laura K. (Anonymous), appellant; Staten Island University Hospital, respondent. (Index No. 80176/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated May 9, 2006, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to proceed on the original papers.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 19, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 19, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent may move to vacate the stay if there is substantial change in the appellant's condition; and it is further,

 ORDERED that the appeal shall be calendared when it is fully perfected; and it is further,

ORDERED that the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other.

MILLER, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court