Matter of J. (Anonymous), Brianna; Administration for Childr
Motion No: 2011-06111
Slip Opinion No: 2011 NY Slip Op 78903(U)
Decided on July 21, 2011
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

M123408

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-06111

In the Matter of Brianna J. (Anonymous).

Administration for Children's Services, appellant;

Edgire J. (Anonymous), et al., respondents.

(Docket No. N-32932/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated June 28, 2011, to continue the remand of the subject child to its care and custody, and to continue an order of protection against the respondent Terry W. issued on or about April 28, 2011, pending hearing and determination of an appeal from the order dated June 28, 2011.

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

ORDERED that the motion is granted, and enforcement of the order dated June 28, 2011, is stayed, the remand of the subject child to the appellant's care and custody is continued, and the order of protection against the respondent Terry W. issued on or about April 28, 2011, is continued, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 22, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 22, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court