Appellate Division: Second Judicial Department

M48438

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-11400 In the Matter of Andrew R. (Anonymous), appellant; Executive Director of Central New York Psychiatric Center, respondent. (Index No. 500846/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated November 14, 2006, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order dated November 14, 2006, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the appeal will be calendared when it is fully perfected; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant and the respondent, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other.

RIVERA, J.P., SPOLZINO, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court