Appellate Division: Second Judicial Department

M175973

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2014-05373 In the Matter of Anthony M. P. (Anonymous), petitioner-respondent, v Ta-Mirra J. H. (Anonymous) respondent; Administration for Children's Services, nonparty-appellant. (Index No. 1884110)

DECISION & ORDER ON MOTION ,

Motion by the nonparty-appellant, in effect, to stay enforcement of so much of an order of the Family Court, Kings County, dated May 27, 2014, as allows the petitioner-respondent to have unsupervised visits with the subject child, 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 so much of the order as allows the petitioner-respondent to have unsupervised visits with the subject child is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 21, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 21, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the petitioner-respondent may move to vacate the stay, on three days notice.

ENG, P.J., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court