Matter of S. (Anonymous), Jeremiah; Suffolk County Distr
Motion No: 2009-04248
Slip Opinion No: 2009 NY Slip Op 80595(U)
Decided on August 13, 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

M90785

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2009-04248

In the Matter of Jeremiah S. (Anonymous), respondent.

Thomas J. Spota, etc., appellant.

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated February 2, 2009, in effect, to amend so much of a decision and order on motion of this court dated June 4, 2009, as conditioned a stay of enforcement of the order dated February 2, 2009, upon the perfection of the appeal on or before July 20, 2009. Cross motion by Jeremiah S. to vacate the stay.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that the motion is granted, and the decision and order on motion dated June 4, 2009, is amended by deleting from the decretal paragraphs thereof the date "July 20, 2009," and substituting therefor the date "September 4, 2009"; and it is further,

ORDERED that no further extension of the stay shall be granted; and it is further,

ORDERED that the cross motion is denied.

FISHER, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court