| Matter of W. (Anonymous), Devonte; Administration for |
| Motion No: 2009-00935 |
| Slip Opinion No: 2009 NYSlipOp 63373(U) |
| Decided on February 11, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M82392
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
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2009-00935 In the Matter of Devonte W. (Anonymous). Administration for Children's Services, appellant; Cecelia Marie A. (Anonymous), respondent- respondent, et al., respondent. (Proceeding No. 1) In the Matter of Damaya C. (Anonymous). Administration for Children's Services, petitioner; Cecelia Marie A. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. N-6969/08, N-6968/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Family Court, Kings County, dated January 22, 2009, and to stay enforcement of the order pending hearing and determination 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 for leave to appeal is denied as unnecessary (see Family Ct Act § 1112); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 13, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 13, 2009, the court, on its own motion, may vacate the stay, or the respondent-respondent or the attorney for the child may move to vacate the stay, on three days notice; and it is further,
ORDERED that the briefs of the respondent-respondent and the attorney for the child, if any, in the above-entitled appeal, shall be served and filed on or before April 13, 2009; and it is further,
ORDERED that the matter is remitted to the Family Court, Kings County, to issue an order awarding the respondent-respondent supervised visitation with the subject child pending hearing and determination of the appeal.
FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court