Appellate Division: Second Judicial Department

M92294

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-08167 In the Matter of Angel A. (Anonymous), appellant; State of New York, respondent. (Index No. 12/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 6, 2009, for a preference in the calendaring of the appeal, and for poor person relief.

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

ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared after all the briefs have been filed; and it is further,

ORDERED that the branch of the motion which is for poor person relief is granted, the filing fee is waived, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other.

SKELOS, J.P., SANTUCCI, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court