Appellate Division: Second Judicial Department

M66188

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2008-00923 In the Matter of Rosy S. (Anonymous). Administration for Children's Services, appellant; Ivelisse T. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Marcos S. (Anonymous), Jr. Administration for Children's Services, appellant; Ivelisse T. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-12/08, N-13/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated January 28, 2008, and to remand the subject children to its care and custody 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 the order dated January 28, 2008, is stayed and the care and custody of the subject children is continued with the Administration for Children's Services pending hearing and determination of the appeal, or further order of the Family Court, Kings County, on condition that the appeal is perfected on or before March 17, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 17, 2008, the court, on its own motion, may vacate the stay, or the respondent or Law Guardian may move to vacate the stay, on three days notice.

RIVERA, J.P., SKELOS, SANTUCCI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court