Appellate Division: Second Judicial Department

M131295

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-11238 In the Matter of Khymani H. (Anonymous), appellant. (Docket No. D-21146/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated January 6, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to appeal to this Court from an order of the Family Court, Kings County, dated December 5, 2011, and to stay execution of a warrant of arrest dated November 1, 2011, 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 opposition thereto, it is

ORDERED that the motion is granted, and execution of the warrant of arrest dated November 1, 2011, in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 6, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 6, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court