Matter of State of New York v B. (Anonymous)
Motion No: 2014-07715
Slip Opinion No: 2014 NY Slip Op 82965(U)
Decided on September 9, 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

M179545

S/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-07715

In the Matter of State of New York, appellant,

v James B. (Anonymous), respondent.

(Index No. 3041/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the release of James B. from its custody, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 11, 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 release of James B. from the appellant's custody is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 9, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 9, 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 November 10, 2014 and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before November 20, 2014.

BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court