Matter of F. (Anonymous), Llandra; Jade; P. (Anonymous),
Motion No: 2009-07518
Slip Opinion No: 2009 NY Slip Op 81893(U)
Decided on August 28, 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

M91410

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-07518

In the Matter of Llandra F. (Anonymous).

Suffolk County Department of Social Services,

appellant; Anequa F. (Anonymous), respondent.

(Docket Nos. N-9095/09, N-9096/09,

N-9098/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Suffolk County, dated July 28, 2009, as directed it "to assist [r]espondent by having the apartment painted," pending hearing and determination of an appeal from that portion of the order.

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

ORDERED that the motion is denied as unnecessary as an automatic stay is in effect (see CPLR 5519[a][1]; Matter of Pokoik v Department of Health Servs. of County of Suffolk, 220 AD2d 13).

SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court