Matter of C. (Anonymous), Elizabeth; Administration
Motion No: 2010-03492
Slip Opinion No: 2010 NY Slip Op 70144(U)
Decided on May 3, 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

M102189

E/ct

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2010-03492

In the Matter of Elizabeth C. (Anonymous).

Administration for Children's Services, appellant;

Yan C. (Anonymous), et al., respondents.

(Docket No. N-13535/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Queens County, dated April 13, 2010, as paroles the subject child to the respondents and to continue the remand of the subject child to the appellant, 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 and relation thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order as paroles the subject child to the respondents is stayed and the remand of the subject child to the appellant is continued, pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 17, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 17, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court