Appellate Division: Second Judicial Department

M101103

E/sl

HOWARD MILLER, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2010-02806 In the Matter of Alan C. (Anonymous). Administration for Children's Services, respondent; Thomas C. (Anonymous), appellant. (Docket No. N-5247/10)

DECISION & ORDER ON MOTION

Motion by Thomas C. for leave to appeal to this court from an order of the Family Court, Kings County, dated February 23, 2010, inter alia, to stay enforcement of so much of the order as directed the removal and remand of the subject child to the Administration for Children's Services and to remand the child to his care and custody, pending hearing and determination of the appeal, and to waive the motion filing fee.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed the removal and remand of the subject child to the Administration for Children's Services and to remand the child to the care and custody of Thomas C. is granted and enforcement of so much of the order dated February 23, 2010, as directed the removal and remand of the subject child to the Administration for Children's Services is stayed and the subject child is returned to the care and custody of Thomas C., pending hearing and determination of the appeal or further order of the Family Court, Kings County; and it is further,

ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court