Matter of N. (Anonymous), Anthony; Suffolk County Depart
Motion No: 2012-02898
Slip Opinion No: 2012 NY Slip Op 70221(U)
Decided on April 13, 2012
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

M136104

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2012-02898, 2012-02899, 2012-02900, 2012-02901,

2012-03302, 2012-03303, 2012-03304, 2012-03305

In the Matter of Anthony N. (Anonymous).

Suffolk County Department of Social Services,

respondent; Cheryl F. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Abagail F. (Anonymous).

Suffolk County Department of Social Services,

respondent; Cheryl F. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Alexia P. (Anonymous).

Suffolk County Department of Social Services,

respondent; Cheryl F. (Anonymous), appellant.

(Proceeding No. 3)

In the Matter of Anthony P. (Anonymous).

Suffolk County Department of Social Services,

respondent; Cheryl F. (Anonymous), appellant.

(Proceeding No. 4)

(Docket Nos. N-4922/12, N-4924/12,

N-4932/12, N-4940/12)

DECISION & ORDER ON MOTION

Separate motions by the appellant (1) to stay enforcement of (a) four orders of protection of the Family Court, Suffolk County, all dated March 22, 2012, (b) stated portions of an order of the same court also dated March 22, 2012, which, inter alia, directed the removal of the child Anthony N. from her residence and precluded her from residing at the subject residence, and (c) stated portions of three orders of the same court also dated March 22, 2012, which, inter alia, precluded her from residing at the subject residence, and (2) to direct that temporary custody of the children Anthony N., Abagail F., and Alexia P. be returned to her, pending hearing and determination of appeals from the orders.

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

ORDERED that the motions are granted and (1) enforcement of the orders of protection is stayed pending hearing and determination of the appeals, on condition that either Richard P., Diane P., Joseph P., or any other person approved by the respondent shall supervise the appellant whenever she is with any of the subject children, and (2) enforcement of so much of the order dated March 22, 2012 (Appellate Division Docket No. 2012-03302), as removed Anthony N. from the appellant's residence, precluded the appellant from residing at that residence, and prohibited Diane P. or Joseph P. from supervising the appellant's contact with the subject children and so much of the remaining orders dated March 22, 2012 (Appellate Division Docket Nos. 2012-03303, 2012-03304, and 2012-03305), as precluded the appellant from residing at the subject residence and prohibited Diane P. or Joseph P. from supervising the appellant's contact with the subject children is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that on the Court's own motion, the appeals are consolidated and the parties shall file 12 copies of their respective briefs.

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

ENTER:

Aprilanne Agostino

Clerk of the Court