Appellate Division: Second Judicial Department

M124385

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2011-06752 In the Matter of Xoe S. (Anonymous), appellant. (Docket No. D-15216-09/10A)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Family Court, Queens County, dated July 21, 2011, and to stay enforcement of the order and to stay all proceedings in the above-entitled action pending hearing and determination 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 leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated July 21, 2011, is granted, and enforcement of the order is stayed and the appellant is restored to probation pending hearing and determination of the appeal or further order of the Family Court, Queens County, on condition that the appellant comply with the terms of Enhanced Supervised Probation, have no new arrests, and obey her mother's rules, including rules pertaining to curfew; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, or the presentment agency may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court