| Matter of B. (Anonymous), Vanessa; N. (Anonymous), Daron |
| Motion No: 2006-10843 |
| Slip Opinion No: 2006 NYSlipOp 80812(U) |
| Decided on November 29, 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
M47550
E/sl
HOWARD MILLER, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2006-10843 In the Matter of Vanessa B. (Anonymous). Administration for Children's Services, appellant; George A. (Anonymous), et al., respondents. (Proceeding No. 1)
In the Matter of Daron N. (Anonymous). Administration for Children's Services, appellant; George A. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Derrick B. (Anonymous). Administration for Children's Services, appellant; George A. (Anonymous), et al., respondents. (Proceeding No. 3)
(Docket Nos. N-35391/06, N-35392/06, N-35393/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of order of the Family Court, Kings County, dated November 22, 2006, and to remand the subject children 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 motion is granted to the extent that enforcement of so much of the order dated November 22, 2006, as remanded the children Daron and Derrick to the custody and care of the respondents is stayed and custody and care of the children Daron and Derrick is continued with the appellant pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 21, 2006, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 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 respondents and the Law Guardian shall serve and file their respective briefs on or before January 12, 2007, and the appellant shall serve and file its reply brief, if any, on or before January 22, 2007; and it is further,
ORDERED that the matter is remitted to the Family Court, Kings County, for the entry of an order awarding the respondents liberal visitation with the children Daron and Derrick pending hearing and determination of the appeal; the Family Court shall issue such order with all convenient speed.
MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court