Matter of State of New York v J. (Anonymous)
Motion No: 2014-02351
Slip Opinion No: 2014 NY Slip Op 67917(U)
Decided on March 28, 2014
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

M171922

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2014-02351

In the Matter of State of New York, appell

v Anthony J. (Anonymous), respondent.

(Index No. 545/13)

DECISION & ORDER ON MOTION

ant,

Motion by the appellant to stay the respondent's release and to allow the appellant to retain custody of the respondent pursuant to Mental Hygiene Law §§ 10.6(h) and 10.13(a), pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 4, 2014.

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

ORDERED that the motion is granted, and the appellant is authorized to continue to retain custody of the respondent pursuant to Mental Hygiene Law §§ 10.6(h) and 10.13(a), pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 28, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 28, 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 respondent shall serve and file a brief, if any, on or before May 28, 2014; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before June 9, 2014.

BALKIN, J.P., DICKERSON, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court