Appellate Division: Second Judicial Department

M105575

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-05248, 2010-05279 In the Matter of Jose Garcia, petitioner-respondent, v Cecilia Ramos, et al., respondents; Rose Marie Garcia, nonparty-appellant. (Appeal No. 1) (Docket Nos. V-34956-09, V-34957-09) In the Matter of Jose Garcia, petitioner-respondent, v Maria Garcia, respondents; Rose Marie Garcia, nonparty-appellant. (Appeal No. 2) (Docket Nos. V-14612-10, V-14613-10)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant for leave to appeal to this court from an order of the Family Court, Kings County, dated May 3, 2010 (Appellate Division Docket No. 2010-05248), to stay enforcement of the order as well as a judgment of the same court dated May 21, 2010 (Appellate Division Docket No. 2010-05279), pending hearing and determination of the appeals from the order dated May 3, 2010, and the judgment dated May 21, 2010, to consolidate the appeals, and to direct the Family Court, Kings County, to conduct an immediate hearing on the issue of temporary custody of the subject children. Application by the petitioner-respondent for poor person relief and the assignment of counsel, and to adjourn the return date of the motion.

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

ORDERED that the branch of the motion which is for leave to appeal from the order dated May 3, 2010 (Appellate Division Docket No. 2010-05248), is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated May 3, 2010 (Appellate Division Docket No. 2010-05248), as well as the judgment dated May 21, 2010 (Appellate Division Docket No. 2010-05279), is granted, and enforcement of the order and the judgment is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before August 26, 2010; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 26, 2010, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted, and the parties shall file 10 copies of their respective briefs; and it is further,

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

ORDERED that application is dismissed on the ground that it was not served upon the appellant and respondents.

DILLON, J.P., SANTUCCI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court