Appellate Division: Second Judicial Department

M84482

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2009-02311 In the Matter of Austin C. (Anonymous). Suffolk County Department of Social Services, appellant; Jessica B. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Brad C. (Anonymous). Suffolk County Department of Social Services, appellant; Jessica B. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. N-168-08, N-171-08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an undated order of the Family Court, Suffolk County, and to continue the care and custody of the subject children with the Suffolk County Department of Social Services, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the order is stayed and the care and custody of the subject children is continued with the Suffolk County Department of Social Services pending hearing and determination of the appeal; and it is further,

ORDERED that on or before April 29, 2009, the stenographer(s) and/or the transcription service(s) is/are required to make and certify two transcripts of the proceedings, if any; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, the transcription service(s) shall file one transcript with the Clerk of the Family Court and shall furnish one transcript to the appellant's counsel, without charge. The appellant is directed to provide copies of transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when it serves a brief upon those parties; and it is further,

ORDERED that on or before May 20, 2009, the appellant perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing its brief; and it is further,

ORDERED that on or before June 10, 2009, the respondents and the attorney for the children, if any, shall serve and file their respective briefs, if any; and it is further,

ORDERED that on or before June 15, 2009, the appellant shall serve and file its reply brief, if any; and it is further,

ORDERED that the appeal will be calendared expeditiously (see CPLR 5521; Family Ct Act § 1112); and it is further,

ORDERED that the matter is remitted to the Family Court, Suffolk County, for the entry of an order directing visitation to the respondents; and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court