Appellate Division: Second Judicial Department

M63221

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2007-10843 In the Matter of Kmea J. (Anonymous). SCO Family of Services, appellant; Charlene B. (Anonymous), respondent. (Docket No. N-01393/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated November 8, 2007, and to "maintain[] the [subject] child under the auspices of the Commissioner of Social Services of the City of New York," pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted to the extent that the subject child shall remain in her mother's home, unless exigent circumstances shall arise, and both the Law Guardian and the appellant shall be granted access to the mother's home to verify the subject child's status, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before January 4, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 4, 2008, its own motion, may vacate the stay, or the Law Guardian or the respondent may move to vacate the stay, on three days notice.

CRANE, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court