Appellate Division: Second Judicial Department

M85307

E/cb

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-03009 In the Matter of Sahara K. (Anonymous). Nassau County Department of Social Services, appellant; Herlone K. (Anonymous), respondent. (Docket No. N-5947/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Nassau County, dated March 17, 2009, as allows the respondent to have unsupervised visitation with the subject child, as approved by the foster parents, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted, and enforcement of so much of the order as allows the respondent to have unsupervised visitation with the subject child, as approved by the foster parents, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 18, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 18, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent's supervised visitation with the subject child which was in effect prior to issuance of the order dated March 17, 2009, is reinstated pending hearing and determination of the appeal.

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court