Appellate Division: Second Judicial Department

M221041

E/afa

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-respondent; Christopher B. (Anonymous), respondent-respondent-appellant, Lorraine H. (Anonymous), respondent-respondent. (Docket No. N-32409-14)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 14, 2016, in the above-entitled matter is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the petitioner-appellant-respondent to stay enforcement of so much of an order of the Family Court, Kings County, dated September 28, 2016, as permits the respondent-respondent-appellant Christopher B. to re-enter the home where the subject child resides, and to direct that the respondent-respondent-appellant 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-appellant 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-appellant Christopher B. to re-enter the home where the subject child resides is stayed, and the respondent-respondent-appellant 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-appellant 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 petitioner-appellant-respondent perfects its appeal on or before November 28, 2016; and it is further,

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

ORDERED that the respondent-respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before December 28, 2016 (see 22 NYCRR 670.8[c][3]).

ORDERED that the respondent-respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before January 30, 2017; and it is further,

ORDERED that the petitioner-appellant-respondent shall serve and file a reply brief, if any, on or before February 10, 2017; and it is further,

ORDERED that the respondent-respondent-appellant shall serve and file his reply brief, if any, on or before February 20, 2017.

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

ENTER:

Aprilanne Agostino

Clerk of the Court