Appellate Division: Second Judicial Department

M65033

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

EDWARD D. CARNI, JJ.

2007-11707 In the Matter of Thomas G. (Anonymous), respondent; State of New York Office of Mental Health, appellant. (Index No. 32119-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 21, 2007, pending hearing and determination of an appeal therefrom. Application by the respondent for a preference in the calendaring of the appeal if a stay is granted.

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

ORDERED that the motion is granted, and enforcement of the order dated December 21, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 7, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 7, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file his brief, if any, on or before February 21, 2008, and the appellant shall serve and file its reply brief, if any, on or before March 3, 2008; and it is further,

ORDERED that the application is granted and the appeal will be calendared when it is fully perfected.

RITTER, J.P., SANTUCCI, COVELLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court