Matter of S. (Anonymous), Roselyn; Administration for
Motion No: 2010-10576
Slip Opinion No: 2010 NY Slip Op 88970(U)
Decided on November 26, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M111574

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-10576

In the Matter of Roselyn S. (Anonymous).

Administration for Children's Services, respondent;

Rachel H. (Anonymous), appellant.

(Docket No. N-13136/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated October 20, 2010, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is for a stay is granted, and enforcement of the order dated October 20, 2010, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 27, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 27, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1112).

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court