Matter of B. (Anonymous) v Novello
Motion No: 2007-03408
Slip Opinion No: 2007 NYSlipOp 73076(U)
Decided on July 5, 2007
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

M56796

S/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-03408

In the Matter of Jason B. (Anonymous),

petitioner, v Antonia Coello Novello, etc.,

et al., respondents.

(Index No. 07-771)

DECISION & ORDER ON MOTION

Motion by the petitioner to stay enforcement of a determination of the respondent Commissioner of the of the New York State Department of Health, dated October 13, 2006, pending hearing and determination of a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated March 30, 2007.

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 pending hearing and determination of the proceeding so much of the determination dated October 13, 2006, as terminated the petitioner's rent subsidy is stayed and the respondents are directed to restore the rent subsidy pending hearing and determination of the proceeding, and the motion is otherwise denied.

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court