Appellate Division: Second Judicial Department

M113636

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-11413 In the Matter of George Bartley, petitioner-respondent, v Renee Pringle, et al., respondents; Alexandra Cira, nonparty-appellant. (Docket Nos. V-21204/01, V-23452/01)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of an order of the Family Court, Kings County, dated November 30, 2010, and to continue care and custody of the subject child with the child's maternal grandmother, pending hearing and determination of an appeal from the order. Application by the maternal grandmother to adjourn the return date of the motion to submit papers supporting the motion.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied; and it is further,

ORDERED that the motion is granted, and enforcement of the order is stayed and care and custody of the subject child is continued with the child's maternal grandmother, pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 4, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 4, 2011, the Court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court