Matter of C. (Anonymous), Rocco; Administration for Childr
Motion No: 2010-01089
Slip Opinion No: 2010 NY Slip Op 63414(U)
Decided on February 17, 2010
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

M98661

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2010-01089

In the Matter of Rocco C. (Anonymous).

Administration for Children's Services, appellant;

Keith C. (Anonymous), respondent.

(Docket No. N-1100/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated January 27, 2010, and to continue the remand of the subject child to its care and custody, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted, and enforcement of the order is stayed and the remand of the subject child to the appellant's care and custody is continued pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 5, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 5, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court