Matter of H. (Anonymous), Alanie; Administration for
Motion No: 2009-04821
Slip Opinion No: 2009 NY Slip Op 73973(U)
Decided on June 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M87487

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-04821

In the Matter of Alanie H. (Anonymous), Jr.

Administration for Children's Services,

appellant; Elsa B. (Anonymous), et al.,

respondents.

(Docket No. N-17916/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated May 19, 2009, as paroled the subject child to the parents, and to continue the subject child in its care and custody 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 motion is granted, and enforcement of so much of the order dated May 19, 2009, as paroled the subject child to the parents is stayed, and the care and custody of the subject child is continued with the Administration for Children's Services pending hearing and determination of the appeal, on condition that the appeal is perfected on or before July 6, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 6, 2009, the court, on its own motion, may vacate the stay, or the respondents or attorney for the child may move to vacate the stay, on three days notice.

RIVERA, J.P., DILLON, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court