| Matter of J. (Anonymous), Nurayah; Suffolk County Departm |
| Motion No: 2006-09563 |
| Slip Opinion No: 2006 NYSlipOp 79387(U) |
| Decided on November 9, 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. |
Appellate Division: Second Judicial Department
M46691
E/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-09563 In the Matter of Nurayah J. (Anonymous). Suffolk County Department of Social Services, appellant; Faiza J. (Anonymous), respondent. (Docket No. N-857/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered October 4, 2006, to stay enforcement of the order, to continue the subject child's placement in the appellant's custody, and to direct that visitation between the subject child and the mother be supervised by the appellant under such conditions as the appellant deems appropriate pending hearing and determination of the appeal, and to direct the Family Court to convene and complete a permanency hearing for the subject child.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are to stay enforcement of the order entered October 4, 2006, to continue the subject child's placement in the appellant's custody, and to direct that visitation between the subject child and the mother be supervised by the appellant under such conditions as the appellant deems appropriate pending hearing and determination of the appeal are granted, and enforcement of the order entered October 4, 2006, is stayed, the subject child's placement in the appellant's custody is continued, and visitation between the subject child and the mother shall be supervised by the appellant under such conditions as the appellant deems appropriate 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; and it is further,
ORDERED that branch of the motion which is to direct the Family Court to convene and complete a permanency hearing for the subject child is denied without prejudice to seeking the same relief in the Family Court.
GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court