Appellate Division: Second Judicial Department

M123788

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-06825 In the Matter of Jada K. E. (Anonymous). Administration for Children's Services, appellant; Richard D. E. (Anonymous) III, et al., respondents. (Proceeding No. 1) In the Matter of Yamila E. (Anonymous). Administration for Children's Services, appellant; Richard D. E. (Anonymous) III, et al., respondents. (Proceeding No. 2) (Docket Nos. N-9326/10, N-9327/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated July 22, 2011, and to continue the terms of a temporary order of protection to the extent that the temporary order of protection directs the respondent Richard D. E. (Anonymous) III to stay away from the subject children except for visits supervised by ACS, pending hearing and determination of an appeal from the order dated July 22, 2011.

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

ORDERED that the motion is granted to the extent that enforcement of the order dated July 22, 2011, is stayed and the terms of a temporary order of protection are continued to the extent that the temporary order of protection directs the respondent Richard D. E. (Anonymous) III to stay away from the subject children, except for visits supervised by the respondent Khaldia E. (Anonymous), pending hearing and determination of the appeal, on condition that the appeal from the order dated July 22, 2011, is perfected on or before September 19, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 19, 2011, the Court, on its own motion, may vacate the stay, without further notices, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court