Matter of W. (Anonymous), Matthew; W. (Anonymous), Jaso
Motion No: 2014-06360
Slip Opinion No: 2014 NY Slip Op 78536(U)
Decided on July 23, 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

M177455

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2014-06360

In the Matter of Matthew W. (Anonymous).

Administration for Children's Services,

petitioner-appellant; Mei Q. B. (Anonymous),

et al., respondents-respondents.

(Proceeding No. 1)

In the Matter of Jason W. (Anonymous).

Administration for Children's Services,

petitioner-appellant; Mei Q. B. (Anonymous),

et al., respondents-respondents.

(Proceeding No. 2)

(Docket Nos. N-8282-13, N-8281-13)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated June 18, 2014, as directs overnight visitation between the respondents-respondents and the subject children and directs the temporary release of the subject children to the respondents-respondents, and to maintain the visitation schedule in effect prior to the issuance of that order, pending hearing and determination of an appeal from that 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 June 18, 2014, as directs overnight visitation between the respondents-respondents and the subject children and directs the temporary release of the subject children to the respondents-respondents is stayed, and the respondents-respondents shall have visitation with the subject children under the schedule in effect prior to the issuance of the order dated June 18, 2014, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before August 22, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 22, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court