Appellate Division: Second Judicial Department

M172407

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-02988 In the Matter of Roosevelt Mc. (Anonymo Administration for Children's Services, pe appellant; Lashawanda N. (Anonymous), e respondents-respondents. (Proceeding No. 1) In the Matter of Tasharra Mc. (Anonymou Administration for Children's Services, pe appellant; Lashawanda N. (Anonymous), e respondents-respondents. (Proceeding No. 2) In the Matter of Nyesha Mc. (Anonymous) Administration for Children's Services, pe appellant; Lashawanda N. (Anonymous), e respondents-respondents. (Proceeding No. 3) In the Matter of Kayla Mc. (Anonymous). Administration for Children's Services, pe appellant; Lashawanda N. (Anonymous), e respondents-respondents. (Proceeding No. 4) In the Matter of Jahniya N. (Anonymous). Administration for Children's Services, pe appellant; Lashawanda N. (Anonymous), e respondents-respondents. (Proceeding No. 5) In the Matter of Shamiya N. (Anonymous) Administration for Children's Services, pe appellant; Lashawanda N. (Anonymous), e respondents-respondents. (Proceeding No. 6) (Docket Nos. NA-2318-12, NA-35114-11, NA-35112-11, NA-35113-11, NA-35115-

DECISION & ORDER ON MOTION us), Jr. titioner- t al., s). titioner- t al., . titioner- t al., titioner- t al., titioner- t al., . titioner- t al., 11)

Motion by the petitioner-appellant, inter alia, in effect, to stay enforcement of so much of an order of the Family Court, Kings County, dated March 26, 2014, as permits Lashawanda N. and Roosevelt M. to relocate with the subject children outside the State of New York and to stay Lashawanda N. and Roosevelt M. from relocating outside the State of New York with the subject children, 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 the motion is granted to the extent that the temporary restraining order contained in the order to show cause dated March 26, 2014, is continued, pending hearing and determination of the appeal and on condition that, on or before May 7, 2014, the petitioner-appellant serves its brief pursuant to CPLR 2103 (b)(1), (3), or (6) and causes the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), if perfecting the appeal on the original record, or serves its brief and the record or appendix pursuant to CPLR 2103 (b)(1), (3), or (6) and files its brief and the record or appendix if not perfecting the appeal on the original record; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 7, 2014, in the manner set forth above, the Court, on its own motion, may vacate the stay, without further notice, or Lashawanda N., Roosevelt M., or the attorneys for the children, may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, Lashawanda N., Roosevelt M., and the attorneys for the children must file and serve, pursuant to CPLR 2103 (b) (1), (3), or (6), their respective briefs, if any, on or before May 21, 2014; and it is further,

ORDERED that on the Court's own motion, the petitioner-appellant must file and serve, pursuant to CPLR 2103 (b) (1), (3), or (6), its reply brief, if any, on or before May 28, 2014; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

 ORDERED that on the Court's own motion, the appeal will be calendared expeditiously after all of the briefs have been filed.

RIVERA, J.P., AUSTIN, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court