In the Matter of Russell Wilsonpetitioner v Friends in Adoption Inc. et

Motion No: 503689

Slip Opinion No: 2008 NYSlipOp 61572(U)

Decided on January 9, 2008

Appellate Division, Third 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.

Decided and Entered: January 9, 2008

Case # 503689

In the Matter of RUSSELL WILSON,Petitioner, v FRIENDS IN ADOPTION, INC., et al., Respondents.

DECISION AND ORDER ON MOTION

Motion, pursuant to Family Court Act § 1112 (a), for permission to appeal to this Court from order of Family Court, Saratoga County, dated November 27, 2007, for a preference, to direct Family Court to hold a hearing, and, pursuant to Family Court Act § 1114 (b), for stay pending appeal.

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

ORDERED that the motion for permission to appeal is granted, without costs, and it is further

ORDERED that the motion for a stay pending appeal is referred to Justice Spain, who makes the following decision: Motion granted, without costs, and it is further

ORDERED that the motion for a preference is granted, without costs, and the appeal is set down for the March 2008 term of this Court. Appellant shall file and serve its record on appeal and brief on or before January 25, 2008. Respondents' briefs and the brief of the Law Guardian shall be filed and served on or before February 25, 2008. Appellant's reply brief, if any, shall be filed and served on or before March 7, 2008, and it is further

ORDERED that the motion to direct Family Court to hold a hearing is denied, without costs.
CARDONA, P.J., PETERS, SPAIN, ROSE and KANE, JJ., concur.

ENTER:

Michael J. Novack

Clerk of the Court