Appellate Division: Second Judicial Department

M81286

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-11170 In the Matter of Tatyana S. P. (Anonymous), a/k/a Tatyana S. C. (Anonymous). SCO Family of Services, appellant; Lisa Ann C. (Anonymous), respondent-respondent; Jeanette C. (Anonymous), nonparty-respondent. (Processing No. 1) In the Matter of Jason I. C. (Anonymous), a/k/a Jason C. (Anonymous). SCO Family of Services, appellant; Lisa Ann C. (Anonymous), respondent-respondent; Jeanette C. (Anonymous), nonparty-respondent. (Processing No. 2) (Docket Nos. B-27738/05, B-27739/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated November 18, 2008, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the order as directed that the subject children be transferred to the maternal aunt, for purposes of adoption, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 19, 2009, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 19, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court