Appellate Division: Second Judicial Department

M82394

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2009-00748, 2009-00749 In the Matter of Cristella B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ana Andrades, et al., respondents-respondents; Shannon (Anonymous), et al., nonparty-respondents; Robert C. Mitchell, nonparty-appellant. (Proceeding No. 1) In the Matter of Elizabeth B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ana Andrades, et al., respondents-respondents; Shannon (Anonymous), et al., nonparty-respondents; Robert C. Mitchell, nonparty-appellant. (Proceeding No. 2) In the Matter of Jose B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Ana Andrades, et al., respondents-respondents; Shannon (Anonymous), et al., nonparty-respondents; Robert C. Mitchell, nonparty-appellant. (Proceeding No. 3) (Docket Nos. N-17187-06, N-17188-06, N-17189-06)

DECISION & ORDER ON MOTION

Motion by the attorney for the children on appeals from two orders of the Family Court, Suffolk County, dated November 21, 2008, and January 20, 2009, respectively, inter alia, to stay enforcement of so much of the order dated January 20, 2009, as remanded the care and custody of the subject children to their parents and to continue the care and custody of the subject children with the Suffolk County Department of Social Services for continued placement with their current foster family, pending hearing and determination of the appeals.

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 so much of the order dated January 20, 2009, as remanded the care and custody of the subject children to their parents and to continue the care and custody of the subject children with the Suffolk County Department of Social Services for their continued placement with their current foster family is granted, and enforcement of that provision of the order is stayed and the care and custody of the subject children is continued with the Suffolk County Department of Social Services to continue the subject children's placement with their current foster family pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 30, 2009; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 30, 2009, the court, on its own motion, may vacate the stay, or the petitioner-respondent or the respondents-respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that on or before April 30, 2009, the petitioner-respondent, respondents-respondents, and nonparty-respondents shall serve and file their respective briefs, if any; and it is further,

ORDERED that pending hearing and determination of the appeal the respondents-respondents shall have supervised visitation in accordance with the order of the Family Court, Suffolk County, dated November 21, 2008; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that poor person relief for the attorney for the children is continued (see Family Ct Act § 1120[b]); and it is further,

ORDERED that on or before March 16, 2009, the transcription service(s) is/are required to make and certify two transcripts of the proceedings, if any; the transcription service(s) shall file the transcripts of the in camera hearing with the Clerk of the Family Court, under seal, and the Clerk of the Family Court shall forward those transcripts to the Clerk of this court, under seal; the transcription service(s) shall file one transcript of all other proceedings with the Clerk of the Family Court and shall furnish one transcript of all other proceedings to the attorney for the children, without charge. The attorney for the children is directed to provide copies of transcripts of the other proceedings to all of the other parties to the appeals, when counsel serves a brief upon those parties.

FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court