| Matter of C. (Anonymous), Austin; C. (Anonymous); Suf |
| Motion No: 2009-02311 |
| Slip Opinion No: 2009 NYSlipOp 68220(U) |
| Decided on April 1, 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
M84658
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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 30, 2009, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated March 10, 2009, 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 May 20, 2009, the appellant shall perfect the appeal; 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