Appellate Division: Second Judicial Department

M106731

S/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2010-07312 In the Matter of Jean Paul B. (Anonymous), appellant, v Friends in Adoption, Inc., et al., respondents. (Proceeding No. 1) (Docket No. V-870-10) In the Matter of Jean Paul B. (Anonymous), appellant, v Dominica B. (Anonymous), respondent. (Proceeding No. 2) (Docket No. P-871-10) In the Matter of Baby Girl B. (Anonymous). Frank C. S. (Anonymous), et al., petitioners). (Proceeding No. 3) (Docket No. A-430-10)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to stay all proceedings in Proceeding No. 3 pertaining to the adoption of the subject child pending hearing and determination of an appeal from a corrected order of the Family Court, Orange County, dated July 22, 2010, (2) to award him custody of the subject child pending appeal, and (3) for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is for a stay is granted and pending hearing and determination of the appeal all proceedings in Proceeding No. 3 pertaining to the adoption of the subject child are stayed, on condition that the appeal is perfected on or before August 30, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 30, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to award the appellant custody of the subject child pending hearing and determination of the appeal is granted to the extent that the matter is remitted to the Family Court, Orange County, for an order awarding the appellant visitation with the subject child pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for a preference is granted; the respondents and the attorney for the child shall serve and file their respective briefs on or before September 13, 2010; the appellant shall serve and file a reply brief, if any, on or before September 20, 2010; and the appeal shall be placed on the calendar for Friday, October 8, 2010.

COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court