Appellate Division: Second Judicial Department

M74607

E/sl

WILLIAM F. MASTRO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2008-07068 In the Matter of David T. (Anonymous), appellant. (Docket No. D-1864/08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Family Court, Orange County, dated July 25, 2008, as placed him with the New York State Office of Children and Family Services and to place him with the Orange County Department of Social Services, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.

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 so much of the order dated July 25, 2008, as placed the appellant with the New York State Office of Children and Family Services and to place the appellant with the Orange County Department of Social Services is granted, and enforcement of so much of the order dated July 25, 2008, as placed the appellant with the New York State Office of Children and Family Services is stayed and the appellant is placed with the Orange County Department of Social Services pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 17, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 17, 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 branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the Children's Rights Society, Inc., 213 W. Main Street, P.O. Box 1002, Goshen, New York, the attorney assigned by the Family Court, Orange County, to represent the appellant, is relieved, and, pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:

Neal D. Futerfas, Esq.

50 Main Street, Suite 1000

White Plains, New York 10606

(914) 682-2171

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

MASTRO, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court