Appellate Division: Second Judicial Department

M68534

E/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-01028 In the Matter of John N. (Anonymous), respondent; State of New York Office of Mental Health, appellant. (Index No. 40023-07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondent's release and to stay enforcement of an order of the Supreme Court, Suffolk County, dated January 24, 2008, pending hearing and determination of an appeal therefrom.

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 the respondent's release is stayed and enforcement of the order dated January 24, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 16, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 16, 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 on or before April 30, 2008, and the respondent's brief, if any, is due on or before that date; and it is further,

ORDERED that appellant shall serve and file its reply brief on or before May 7, 2008, and the reply brief, if any, is due on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court