Matter of Y. (Anonymous), Nick; Administration for Childre
Motion No: 2015-07254
Slip Opinion No: 2015 NY Slip Op 83243(U)
Decided on September 1, 2015
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

M197969

E/sl

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-07254

In the Matter of Nick Y. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Kate Y. (Anonymous),

respondent-appellant, Giorgio P. (Anonymous),

respondent-respondent.

(Docket No. N-4023-15)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay enforcement of an order of the Family Court, Kings County, dated July 1, 2015, as well as all proceedings in the above-entitled matter, 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 thereto, it is

ORDERED that the motion is granted to the extent that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 1, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 1, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the petitioner-respondent or the respondent-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that in the event that the issue of paternity regarding the subject child is resolved by the Family Court, Kings County, and the respondent-respondent is found to be the father of the subject child, the respondent-respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., HALL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court