Appellate Division: Second Judicial Department

M110844

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-10433 In the Matter of Sean S. (Anonymous). Administration for Children's Services, petitioner-respondent; Tracy B. (Anonymous), appellant, et al., respondent. (Docket No. N-22850/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated September 30, 2010, and release the subject child to the parents' care and custody, pending hearing and determination of an appeal therefrom, or "to expedit[e] the appeal," or to remit the matter to the Family Court, Kings County, for immediate completion of the dispositional hearing.

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

ORDERED that the branch of the motion which is "to expedit[e] the appeal" is granted to the extent that the appellant shall perfect the appeal on or before December 16, 2010, the respondent and the attorney for the child shall serve and file their briefs, if any, on or before January 13, 2011, the appellant shall serve and file a reply brief, if any, on or before January 24, 2011, and the appeal will be calendared expeditiously after all of the briefs have been filed (see Family Ct Act § 1112[a]), and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court