Matter of M. (Anonymous), Destiny M.; Administration for C
Motion No: 2012-09969
Slip Opinion No: 2012 NY Slip Op 92013(U)
Decided on November 29, 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

M147283

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-09969

In the Matter of Destiny M. M. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Celeste N. W. (Anonymous), respondent-

respondent; Richard M. (Anonymous), appellant.

(Docket No. N-25470-10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Queens County, dated November 8, 2012, as permits the subject child to temporarily reside in Colorado, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.

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 for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1112[a]; CPLR 5521).

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

ENTER:

Aprilanne Agostino

Clerk of the Court