Appellate Division: Second Judicial Department

M92703

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-08380 In the Matter of Bryanna G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Frances M. (Anonymous), respondent-respondent; Joseph D. Mirabella, etc., nonparty-appellant. (Docket No. N-11576/06)

DECISION & ORDER ON MOTION

Motion by the attorney for the child, inter alia, to stay the respondent-respondent's unsupervised visitation with the subject child as well as enforcement of an order of the Family Court, Suffolk County, dated August 25, 2009, pending hearing and determination of an appeal from the order.

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 the respondent-respondent's unsupervised visitation with the subject child as well as enforcement of the order dated August 25, 2009, is granted and the respondent-respondent's unsupervised visitation with the subject child as well as enforcement of the order dated August 25, 2009, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 1, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 1, 2009, the court, on its own motion, may vacate the stay, or the parties may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that poor person relief for the attorney for the child is continued (see Family Ct Act § 1120[b]); and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant and the respondents. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that on or before November 2, 2009, the transcription service(s) is/are required to make and certify two transcripts of the proceedings, if any; the transcription service(s) shall file one transcript of all other proceedings with the Clerk of the Family Court and shall furnish one transcript of all other proceedings to the attorney for the child, without charge. The attorney for the child is directed to provide copies of transcripts of the other proceedings to all of the other parties to the appeal, when counsel serves a brief upon those parties; and it is further,

ORDERED that the attorney for the child is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court