Appellate Division: Second Judicial Department

M43658

E/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-07580 In the Matter of Jacob P. (Anonymous). Administration for Children's Services, appellant; April P. (Anonymous), et al., respondents. (Docket No. N-574/06)

DECISION & ORDER ON MOTION

Motion by the Administration for Children's Services for leave to appeal to this court from an order of the Family Court, Kings County, dated August 8, 2006, to stay enforcement of the order and to remand the subject child to its care and custody pending hearing and determination 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 for leave to appeal is denied as unnecessary (see Family Ct Act § 1112), and the appellant's motion papers are deemed to be a timely notice of appeal (see CPLR 5520[b]); and it is further,

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 Administration for Children's Services

pending hearing and determination of the appeal is granted, and the subject child is remanded to the care and custody of the Administration for Children's Services and enforcement of the order dated August 8, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 22, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 22, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court