Matter of D. (Anonymous), David Edward; Suffolk County D
Motion No: 2006-06614
Slip Opinion No: 2006 NYSlipOp 72491(U)
Decided on July 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M42375

C/nl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2006-06614

In the Matter of David Edward D. (Anonymous).

Suffolk County Department of Social Services,

appellant; Michelle D. (Anonymous), et al.,

respondents.

(Docket Nos. N-11529-06, -11530-06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated July 11, 2006, to stay enforcement of the order and to remand the subject child to the care and custody of the appellant, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal. Application by Glenn Gucciardo, the attorney assigned to represent the respondent Michelle D. in the Family Court, Suffolk County, to be appointed as the counsel on appeal for the respondent Michelle D.

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 order and to remand the subject child to the care and custody of the appellant is granted and enforcement of the order dated July 11, 2006, is stayed, and the subject child is remanded to the care and custody of the appellant, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before August 21, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 21, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted; the appeal shall be calendared when it is fully perfected; and it is further,

ORDERED that the application is denied as unnecessary, as the attorney's representation of the respondent Michelle D. continues on the appeal (see Family Ct Act 1090[b]).

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court