Appellate Division: Second Judicial Department

M219716

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-10192 In the Matter of Eric O. B. (Anonymous). Administration for Children's Services, petitioner-appellant; Christopher B. (Anonymous), et al., respondents-respondents. (Docket No. N-32409-14)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated September 28, 2016, as permits the respondent-respondent Christopher B. to re-enter the home where the subject child resides, and to direct that the respondent-respondent Christopher B. continue to comply with the terms of the order of protection that was in effect prior to the issuance of the order dated September 28, 2016, with visitation between the respondent-respondent Christopher B. and the subject child to continue pursuant to any orders that were in effect prior to issuance of the order dated September 28, 2016, pending hearing and determination of an appeal from the order dated September 28, 2016.

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

ORDERED that the motion is granted, and enforcement of so much of the order dated September 28, 2016 as permits the respondent-respondent Christopher B. to re-enter the home where the subject child resides is stayed, and the respondent-respondent Christopher B. shall comply with the terms of the order of protection that was in effect prior to the issuance of the order dated September 28, 2016, with visitation between the respondent-respondent Christopher B. and the subject child to continue pursuant to any orders that were in effect prior to the issuance of the order dated September 28, 2016, pending hearing and determination of the appeal from the order dated September 28, 2016, on condition that the appeal is perfected on or before November 28, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 28, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-respondents and the attorney for the child may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents-respondents and the attorney for the child shall serve and file their respective briefs, if any, on or before December 28, 2016; and it is further,

ORDERED that the petitioner-appellant shall serve and file a reply brief, if any, on or before January 9, 2017.

BALKIN, J.P., HALL, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court