Appellate Division: Second Judicial Department

M127892

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2011-08788 In the Matter of Glen K. (Anonymous), appellant; Mary Barber, etc., respondent. (Index No. 11-1050)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Rockland County, dated September 21, 2011, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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 to stay enforcement of the order dated March 28, 2011, is denied; and it is further,

ORDERED that the branch of the motion which is for a preference is granted and the appeal will be calendared after all of the briefs have been filed; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant and the respondent. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (see 22 NYCRR 670.9[d][1][vii]).

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court