Appellate Division: Second Judicial Department

M42983

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-07142 In the Matter of Baby Girl A. (Anonymous). Administration for Children's Services, appellant; Maritza A. (Anonymous), respondent. (Docket No. N-22776-06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated July 26, 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 leave to appeal to this court from the order if necessary.

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 for leave to appeal is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is for a stay is granted and enforcement of the order dated July 26, 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 September 5, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 5, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court