Appellate Division: Second Judicial Department

M108972

E/sl

FRED T. SANTUCCI, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-08309 In the Matter of Stephani R. (Anonymous). Administration for Children's Services, petitioner- respondent; Rhonda R. (Anonymous), et al., respondents; Steven Banks, etc., nonparty-appellant. (Proceeding No. 1) In the Matter of Emily C. (Anonymous). Administration for Children's Services, petitioner- respondent; Rhonda R. (Anonymous), et al., respondents; Steven Banks, etc., nonparty-appellant. (Proceeding No. 2) In the Matter of Shernise C. (Anonymous). Administration for Children's Services, petitioner- respondent; Rhonda R. (Anonymous), et al., respondents; Steven Banks, etc., nonparty-appellant. (Proceeding No. 3) (Index Nos. N-26543/10, N-26544/10, N-26544/10)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated August 27, 2010, as authorized the petitioner-respondent to arrange for a medical examination of Shernise C., and to prohibit a medical examination of Shernise C., 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 thereto, it is

ORDERED that the motion is granted and enforcement of so much of the order dated August 27, 2010, as authorized the petitioner-respondent to arrange for a medical examination of Shernise C., is stayed, and a medical examination of Shernise C. is prohibited, pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 29, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 29, 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.

SANTUCCI, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court