Appellate Division: Second Judicial Department

M140970

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ROBERT J. MILLER, JJ.

2012-06569 In the Matter of Kendall B. (Anonymous), appellant; Kenneth M. Glatt, etc., respondent. (Index No. 2137/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Dutchess County, dated July 6, 2012, 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 record.

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 for a stay is denied; and it is further,

ORDERED that the branch of the motion which is a preference in the calendaring of the appeal is granted, and the appeal will be calendared after all 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 the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that on the Court's own motion, the appellant shall perfect the appeal on or before August 20, 2012, the respondent shall serve and file a brief, if any, on or before September 10, 2012, and the appellant shall serve and file a reply brief, if any, on or before September 17, 2012.

DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court