| Matter of M. (Anonymous), Mya E.; G. (Anonymous), Jay |
| Motion No: 2013-10432 |
| Slip Opinion No: 2013 NY Slip Op 92598(U) |
| Decided on November 26, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M165998
E/ct
RANDALL T. ENG, P.J.
MARK C. DILLON
RUTH C. BALKIN
SANDRA L. SGROI, JJ.
|
2013-10432 In the Matter of Mya E. M. (Anonymous). Little Flower Children and Family Services of New York, petitioner-appellant, et al., petitioner; Jorge M. (Anonymous), et al., respondents-respondents; Jorge M. (Anonymous), et al., nonparty-respondents. (Proceeding No. 1) In the Matter of Jaylyn A. G. (Anonymous). Little Flower Children and Family Services of New York, petitioner-appellant, et al., petitioner; Jorge M. (Anonymous), et al., respondents-respondents; Jorge M. (Anonymous), et al., nonparty-respondents. (Proceeding No. 2) (Docket Nos. B-3988-12, B-3989-12)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-appellant to stay enforcement of an order of the Family Court, Kings County, dated November 13, 2013, and continue the placement of the subject children with the petitioner-appellant, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the motion is granted, and enforcement of the order is stayed and placement of the subject children is continued with the petitioner-appellant, pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 30, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 30, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-respondents, the nonparty-respondents, or the attorney for the children may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondents-respondents, the nonparty-respondents, and the attorney for the children may serve and file their respective briefs, if any, on or before January 29, 2014; and it is further,
ORDERED that the petitioner-appellant may serve and file a reply brief, if any, on or before February 10, 2014.
ENG, P.J., DILLON, BALKIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court