Appellate Division: Second Judicial Department

M197409

E/ct

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-05201, 2015-05204 In the Matter of Vita C. (Anonymous). Administration for Children's Services, petitioner-appellant; Oksana C. (Anonymous), et al., respondents-respondents. (Docket No. N-12844-12)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to stay enforcement of an order of the Family Court, Kings County, dated June 18, 2015, and to continue the remand of the subject child to its care and custody, pending hearing and determination of the appeals from the order and a decision of the same court also dated June 18, 2015.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is granted, and enforcement of the order is stayed and the remand of the subject child to the petitioner-appellant's care and custody is continued, pending hearing and determination of the appeal from the order on condition that the appeal from the order is perfected on or before September 24, 2015; and it is further,

ORDERED that in the event the appeal from the order is not perfected on or before September 24, 2015, 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.

MASTRO, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court