Matter of B. (Anonymous), Julissia
Motion No: 2014-04756
Slip Opinion No: 2014 NY Slip Op 73412(U)
Decided on May 29, 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

M174776

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-04756

In the Matter of Julissia B. (Anonymous).

Administration for Children's Services,

petitioner-appellant; Navasia J. (Anonymo

respondent-respondent, et al., respondent.

(Docket No. N-11254-14)

DECISION & ORDER ON MOTION



us),

Motion by the petitioner-appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated May 8, 2014, as granted the respondent-respondent's application pursuant to Family Court Act § 1028 and directed the return of the subject child to the respondent-respondent and to remand the subject child to its care and custody, 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 thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order dated May 8, 2014, as granted the respondent-respondent's application pursuant to Family Court Act § 1028 and directed the return of the subject child to the respondent-respondent is stayed, and the subject child is remanded to the petitioner-appellant's care and custody pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 30, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 30, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-respondent may move to vacate the stay, on three days notice.

DICKERSON, J.P., LEVENTHAL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court