Appellate Division: Second Judicial Department

M121468

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-04301 In the Matter of Ciara B. (Anonymous). Administration for Children's Services, petitioner-respondent; Edward T. (Anonymous), appellant, et al., respondent. (Docket No. N-3622/07)

DECISION & ORDER ON MOTION

Motion by Edward T. for leave to appeal to this Court from an order of the Family Court, Queens County, dated April 12, 2011, to stay enforcement of the order and to restore weekend and overnight visits with the subject child, pending hearing and determination of the appeal, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order and restore weekend and overnight visits is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied, with leave to renew on or before July 11, 2011, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and (2) whether trial counsel is assigned or retained, and, if retained, the amount and source of counsel fees paid to retained counsel.

PRUDENTI, P.J., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court