Appellate Division: Second Judicial Department

M204284

E/sl

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-11733 In the Matter of Andre K. (Anonymous). Administration for Children's Services, petitioner- appellant; Jamahal G. (Anonymous), respondent- respondent. (Proceeding No. 1) In the Matter of Emily R. (Anonymous). Administration for Children's Services, petitioner- appellant; Jamahal G. (Anonymous), respondent- respondent. (Proceeding No. 2) In the Matter of Bernardo R. (Anonymous). Administration for Children's Services, petitioner- appellant; Jamahal G. (Anonymous), respondent- respondent. (Proceeding No. 3) In the Matter of Irma R. (Anonymous). Administration for Children's Services, petitioner- appellant; Jamahal G. (Anonymous), respondent- respondent. (Proceeding No. 4) In the Matter of Jada G. (Anonymous). Administration for Children's Services, petitioner- appellant; Jamahal G. (Anonymous), respondent- respondent. (Proceeding No. 5) In the Matter of Julissa G. (Anonymous). Administration for Children's Services, petitioner- appellant; Jamahal G. (Anonymous), respondent- respondent. (Proceeding No. 6) In the Matter of Dustin R. (Anonymous). Administration for Children's Services, petitioner- appellant; Jamahal G. (Anonymous), respondent- respondent. (Proceeding No. 7) (Docket Nos. N-8873-14, N-8874-14, N-8875-14, N-8876-14, N-8877-14, N-8878-14, N-14538-14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated December 29, 2015, and to continue certain orders of protection directing the respondent-respondent to stay away from the subject children, except for visitation supervised by it, and to stay away from the subject children's mother, pending hearing and determination of the appeal.

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 notice of appeal from a decision of the same court dated November 17, 2015, is deemed to be a premature notice of appeal from an order of the Family Court, Kings County, dated December 29, 2015 (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted, and enforcement of the order dated December 29, 2015, is stayed and the orders of protection directing the respondent-respondent to stay away from the subject children, except for visitation supervised by the petitioner-appellant, and to stay away from the subject children's mother, pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 5, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 5, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondent- respondent may move to vacate the stay, on three days notice.

DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court