Appellate Division: Second Judicial Department

M74464

E/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2008-07390 In the Matter of Alfred C. (Anonymous), appellant; North Shore University Hospital Syosset, respondent. (Index No. 14409/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated August 6, 2008, pending hearing and determination of the appeal, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated August 6, 2008, is granted to the extent that so much of the order dated August 6, 2008, as authorized the administration of electroconvulsive therapy is stayed pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, the appeal is calendared for August 19, 2008, at 10:00 A.M., and will be argued or submitted on that date; and it is further,

ORDERED that the appellant's and the respondent's motion papers are deemed to be the appellant's and the respondent's briefs, respectively; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant and the respondent.

PRUDENTI, P.J., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court