Appellate Division: Second Judicial Department

M74788

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REINALDO E. RIVERA, J.P.

WILLIAM E. McCARTHY

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2008-06885 D In the Matter of Tristan R. (Anonymous). Administration for Children's Services, appellant; Luis R. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Sarah R. (Anonymous). Administration for Children's Services, appellant; Luis R. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Joseph G. (Anonymous). Administration for Children's Services, appellant; Luis R. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. N -27499/02, N-27500/02, N-27501/02)

ECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated June 20, 2008, inter alia, in effect, to stay enforcement of so much of the order as vacated a temporary order of protection of the same court dated June 19, 2008, and to continue the temporary order of protection pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the order dated June 20, 2008, as vacated a temporary order of protection of the same court dated June 19, 2008, and to continue the temporary order of protection pending hearing and determination of the appeal is granted, and enforcement of that portion of the order dated June 20, 2008, is stayed, and the temporary order of protection dated June 19, 2008, is continued pending hearing and determination of an appeal on condition that the appeal is perfected on or before September 10, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 10, 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, if any, on or before September 24, 2008; and it is further,

ORDERED that the attorneys for the children shall serve and file their respective briefs, if any, on or before October 8, 2008; and it is further,

ORDERED that the appellant shall serve and file its reply brief, if any, on or before October 15, 2008; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., McCARTHY, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court