Appellate Division: Second Judicial Department

M114837

T/nl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2011-00123, 2011-00341, 2011-00342, 2011-00563 In the Matter of Amber S. (Anonymous). Administration for Children's Services, respondent; Patricia S. (Anonymous), appellant. In the Matter of Darrius S. (Anonymous). Administration for Children's Services, respondent; Patricia S. (Anonymous), appellant. In the Matter of Ashley B. (Anonymous). Administration for Children's Services, respondent; Patricia S. (Anonymous), appellant. (Index Nos. 6947/08, 6948/08, 6950/08)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from four orders of the Family Court, Kings County, three dated December 9, 2010, and one dated January 14, 2011, to stay enforcement of the orders dated December 9, 2010, and for the immediate return of the subject children to her custody pending hearing and determination of the appeals, or, in the alternative, for an order remitting the matter to the Family Court, Kings County, for an immediate hearing on the issue of whether the children's interests require protection, including whether the children should be returned to the appellant, or to expedite the appeals.

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 stay enforcement of the orders dated December 9, 2010, and for the immediate return of the subject children to the appellant's custody pending hearing and determination of the appeals is denied, and the subject children shall remain in the custody of the Administration for Children's Services during the pendency of further proceedings in the Family Court, Kings County, and pending further order of this Court or the Family Court, Kings County; and it is further,

ORDERED that the branch of the motion which is to expedite the appeals is granted, and the appellant shall perfect the appeals on or before March 3, 2011, the respondent and the attorney for the children shall serve and file their briefs, if any, on or before April 4, 2011, the appellant shall serve and file a reply brief, if any, on or before April 14, 2011, and the appeals will be calendared expeditiously after all of the briefs have been filed (see Family Ct Act § 1112[a]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., BALKIN, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

This Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.