Appellate Division: Second Judicial Department

M73907

S/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2008-06419 In the Matter of Charles S. (Anonymous), appellant; State of New York, respondent. (Index No. 25/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated May 30, 2008, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to proceed on the original papers.

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

ORDERED that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal to this court and leave to appeal is granted (see Mental Hygiene Law § 10.13; CPLR 5701[c]); and it is further,

ORDERED that the motion is granted and enforcement of the order dated May 30, 2008, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the appellant shall perfect the appeal on or before September 2, 2008; the respondent shall serve and file its brief on or before October 7, 2008; and the reply brief, if any, shall be served and filed on or before October 22, 2008; and it is further,

ORDERED that the appeal will be calendared when all briefs are filed.

RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court