Appellate Division: Second Judicial Department

M167344

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-08370 In the Matter of Stephen D. A. (Anonymous). Mercy First, petitioner-respondent; Sandra M.-A. (Anonymous), respondent-appellant. (Docket No. B-19765-08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all adoption proceedings concerning the subject child, pending hearing and determination of an appeal from an order of the Family Court, Queens County, dated August 19, 2013. Application by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the finalization of the adoption of the subject child is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 3, 2014, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 3, 2014, 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; and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 3, 2014, and the application is otherwise denied.

SKELOS, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court