Matter of R. (Anonymous), Catherine; R. (Anonymous),
Motion No: 2008-04411
Slip Opinion No: 2008 NYSlipOp 73064(U)
Decided on May 27, 2008
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71008

E/sl

STEVEN W. FISHER, J.P.

EDWARD D. CARNI

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-04411

In the Matter of Catherine R. (Anonymous).

Administration for Children's Services, appellant;

Evelyn R. (Anonymous), respondent;

Marvin R. (Anonymous), nonparty.

(Proceeding No. 1)

In the Matter of Juana R. (Anonymous).

Administration for Children's Services, appellant;

Evelyn R. (Anonymous), respondent;

Marvin R. (Anonymous), nonparty.

(Proceeding No. 2)

In the Matter of Mario R. (Anonymous).

Administration for Children's Services, appellant;

Evelyn R. (Anonymous), respondent;

Marvin R. (Anonymous), nonparty.

(Proceeding No. 3)

In the Matter of Joshua R. (Anonymous).

Administration for Children's Services, appellant;

Evelyn R. (Anonymous), respondent;

Marvin R. (Anonymous), nonparty.

(Proceeding No. 4)

(Docket Nos. N-6227/08, N-6228/08, N-6229/08,

N-6230/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated May 12, 2008, as released Juana R. and Catherine R. to the mother, Evelyn R., and to remand those children to its care and custody, pending hearing and determination of an appeal from the order. Separate motion by nonparty, Marvin R., to stay enforcement of so much of the order dated May 12, 2008, as released Juana R. and Catherine R. to the mother, Evelyn R., and released Joshua R. to a third party, pending hearing and determination of the appeal from the order.

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

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the branches of the motion of Marvin R. which are to stay enforcement of so much of the order dated May 12, 2008, as released Juana R. and Catherine R. to the mother, Evelyn R. are denied; and it is further,

ORDERED that the branch of the motion of Marvin R. which is to stay enforcement of so much of the order dated May 12, 2008, as released Joshua R. to a third party is denied without prejudice to seeking relief in the Family Court, Kings County.

FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court