Matter of D.-C. (Anonymous), Samuel; Administration for
Motion No: 2006-09468
Slip Opinion No: 2006 NYSlipOp 78435(U)
Decided on October 24, 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

M45986

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-09468

In the Matter of Samuel D.-C. (Anonymous).

Adminstration for Children's Services, appellant;

Samuel C. (Anonymous), respondent.

(Docket No. N-20538/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated October 5, 2006, and to continue a temporary order of protection of the same court dated September 28, 2006, pending hearing and determination of an appeal from the order dated October 5, 2006.

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

ORDERED that the motion is granted and enforcement of the order dated October 5, 2006, is stayed and the temporary order of protection dated September 28, 2006, is continued pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 8, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 8, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

PRUDENTI, P.J., SCHMIDT, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court