Appellate Division: Second Judicial Department

M57698

E/cb

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-06453 In the Matter of Xavier J. (Anonymous). Administration for Children's Services, appellant; Francesa C. J. (Anonymous), et al., respondents. (Docket No. NN-17636-07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated July 11, 2007, to stay enforcement of so much of the order as remanded custody of the subject child to the respondent Francesca C. J., and to remand custody of the subject child to the Commissioner of the Administration for Children's Services, 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, and enforcement of so much of the order dated July 11, 2007, as remanded custody of the subject child to the respondent Francesca C. J. is stayed and custody of the subject child is remanded to the Commissioner of the Administration for Children's Services pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 27, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 27, 2007, the court, on its own motion, may vacate the stay and the provision for temporary custody, or the respondents may move to vacate the stay and the provision for temporary custody, on three days notice.

SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court