Matter of M. (Anonymous), Arianna; Administration for Chil
Motion No: 2008-10066
Slip Opinion No: 2008 NYSlipOp 89859(U)
Decided on November 20, 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

M78828

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-10066

In the Matter of Arianna M. (Anonymous).

Administration for Children's Services of

City of New York, appellant; Brenda C.

(Anonymous), et al., respondents.

(Docket No. N-24972/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated November 3, 2008, as remanded the subject child to the care and custody of Brenda C. and to remand the subject child to its care and custody pending hearing and determination of an appeal from the order, and, if necessary, for leave to appeal to this court from the order.

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

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated November 3, 2008, as remanded the subject child to the care and custody of Brenda C. and to remand the subject child to the appellant's care and custody is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this court from the order is denied as unnecessary (see Family Ct Act § 1112).

SPOLZINO, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court