Appellate Division: Second Judicial Department

M217620

S/sl

THOMAS A. DICKERSON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2016-08456 In the Matter of Jaurelious G. (Anonymous). Administration for Children's Services, petitioner-appellant; Gwendolyn J. (Anonymous), respondent-respondent. (Proceeding No. 1) In the Matter of Jamakie B. (Anonymous). Administration for Children's Services, petitioner-appellant; Gwendolyn J. (Anonymous), respondent-respondent. (Proceeding No. 2) In the Matter of Jazlinne M. (Anonymous). Administration for Children's Services, petitioner-appellant; Gwendolyn J. (Anonymous), respondent-respondent. (Proceeding No. 2) (Docket Nos. NN-25801-12, NN-25802-12, NN-25803-12)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated August 3, 2016, inter alia, to stay the return of the subject children to the care of the respondent-respondent, to continue the remand of the children Jamakie B. and Jazlinne M. in the care and custody of the appellant, to continue the release of the child Jaurelious G. to his nonrespondent father, and to continue the order of supervised visitation only between the respondent-respondent and the subject children, pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are to stay the return of the subject children to the care of the respondent-respondent, to continue the remand of the children Jamakie B. and Jazlinne M. in the care and custody of the appellant, to continue the release of the child Jaurelious G. to his nonrespondent father, and to continue the order of supervised visitation only between the respondent-respondent and the subject children are granted, and pending hearing and determination of the appeal the return of the subject children to the care of the respondent-respondent is stayed, the children Jamakie B. and Jazlinne M. shall remain in the care and custody of the appellant, the child Jaurelious G. shall remain the care and custody of his nonrespondent father, and the subject children shall have only supervised visitation with the respondent-respondent, on condition that the appeal is perfected on or before October 3, 2016; and it is further,

ORDERED that in the event that the appeal is not perfected on or before October 3, 2016, the Court, on its own motion, can vacate the stay without further notice, or the respondent-respondent may move on three days notice to vacate the stay; and it is further,

ORDERED that the respondent-respondent and the attorney for the children shall serve and file their briefs on or before November 7, 2016; and the appellant shall serve and file a reply brief on or before November 21, 2016; and it is further,

ORDERED that the motion is otherwise denied.

DICKERSON, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court