Appellate Division: Second Judicial Department

M81997

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-00530 In the Matter of Tumari W. (Anonymous). Administration for Children's Services, petitioner-respondent; Lynell W. (Anonymous), appellant; Andre M. (Anonymous), nonparty- respondent. (Docket No. N-6342/08)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Richmond County, dated January 14, 2009, and to continue the remand of the subject child to the care and custody of the Administration for Children's Services, pending hearing and determination of an appeal from the order.

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 to stay enforcement of the order and to continue the remand of the subject child to the care and custody of the Administration for Children's Services is granted, and enforcement of the order is stayed and the remand of the subject child to the care and custody of the Administration for Children's Services is continued, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 4, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 4, 2009, the court, on its own motion, may vacate the stay, or the parties may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., COVELLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court