Appellate Division: Second Judicial Department

M191218

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JOSEPH J. MALTESE, JJ.

2015-02415, 2015-02555 In the Matter of James L. (Anonymous), appellant. Administration for Children's Services, petitioner- respondent; Kim L. (Anonymous), respondent. (Docket No. N-10504-12)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Kings County, dated March 18, 2015, and March 24, 2015, respectively, inter alia, to stay enforcement of the order dated March 18, 2015, pending hearing and determination of the 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 appeal from the order dated March 24, 2015, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated March 18, 2015, is granted, and enforcement of that order is stayed and the appellant is released to his mother's care and custody, pending hearing and determination of the appeal from that order on condition that the appeal is perfected on or before June 8, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 8, 2015, 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 motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court