Appellate Division: Second Judicial Department

M204826

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2015-12558, 2015-12579 In the Matter of Ryleigh B. (Anonymous). Administration for Children's Services, petitioner- appellant; Madelan B. (Anonymous), respondent- respondent. (Docket No. N-30278-15)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Kings County, dated December 17, 2015, and December 23, 2015, respectively, to stay enforcement of the order dated December 23, 2015, and to continue the remand of the subject child to its care and custody, pending hearing and determination of the appeal from the order dated December 23, 2015.

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that on the Court's own motion, the appeal from the order dated December 17, 2015, is dismissed as that order was superseded by the order dated December 23, 2015; and it is further,

ORDERED that the motion is granted, enforcement of the order is stayed and the subject child is remanded to the appellant's care and custody pending hearing and determination of the appeal, on condition that the appeal from the order dated December 23, 2015, is perfected on or before February 29, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 29, 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.

DILLON, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court