Appellate Division: Second Judicial Department

M109149

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2010-09499 In the Matter of Dahiem A. C. (Anonymous). Administration for Children's Services, petitioner- respondent; Darnyelle D. (Anonymous), appellant, et al., respondents. (Index No. N-27737/10)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of so much of an order of the Family Court, Kings County, dated September 16, 2010, as continued the remand of the subject child with the petitioner-respondent and to return the subject child to her care and custody, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is granted, and enforcement of so much of the order dated September 16, 2010, as continued the remand of the subject child with the petitioner-respondent is stayed and the subject child is returned to the appellant's care and custody, pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 15, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 15, 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 appeal will be calendared expeditiously after all of the briefs have been filed.

MASTRO, J.P., COVELLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court