IN THE MATTER OF THE TEMPORARY GUARDIANSHIP OF A CHILD WHOSE FIRST NAME IS IAN.
Motion No: CA 09-02041
Slip Opinion No: 2009 NY Slip Op 86632(U)
Decided on October 21, 2009
Appellate Division, Fourth 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.


October 21, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-02041

IN THE MATTER OF THE TEMPORARY GUARDIANSHIP OF A CHILD WHOSE FIRST

NAME IS IAN.



LEROY HARNEY AND LYNN HARNEY, PETITIONERS-APPELLANTS;

CHRISTOPHER BROWN AND THE ONEIDA COUNTY DEPARTMENT OF

SOCIAL SERVICES, RESPONDENTS-RESPONDENTS.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert G. Hurlbutt on October 2, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on September 28, 2009, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr. dated September 28, 2009, said show cause order with proof of service thereof, the opposing affidavit of Christopher B. Brown sworn to September 30, 2009, the reply affirmation of Peter J. DiGiorgio, Jr. sworn to October 12, 2009, the surreply affirmation of William L. Koslosky dated October 17, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: October 21, 2009

Patricia L. Morgan, Clerk