Appellate Division: Second Judicial Department

M57265

S/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-06023 In the Matter of Barbara D. (Anonymous), appellant; South Beach Psychiatric Center, respondent. (Index No. 3191/07)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 12, 2007, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated June 19, 2007, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to proceed on the original papers.

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

ORDERED that the branch of the motion which is for a preference is granted and the appeal will be calendared when fully perfected; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court