| Matter of D. (Anonymous), Cameron; D. (Anonymous), Xavier; D. (Anonym |
| Motion No: 2016-11715 |
| Slip Opinion No: 2016 NY Slip Op 94143(U) |
| Decided on December 13, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M222844
E/sl
REINALDO E. RIVERA, J.P.
SANDRA L. SGROI
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-11715 In the Matter of Cameron D. (Anonymous). Administration for Children's Services, petitioner- appellant; Lavon D. (Anonymous), respondent- respondent. (Proceeding No. 1) In the Matter of Xavier D. (Anonymous). Administration for Children's Services, petitioner- appellant; Lavon D. (Anonymous), respondent- respondent. (Proceeding No. 2) In the Matter of Isaiah D. (Anonymous). Administration for Children's Services, petitioner- appellant; Lavon D. (Anonymous), respondent- respondent. (Proceeding No. 3) In the Matter of Taylor D. (Anonymous). Administration for Children's Services, petitioner- appellant; Lavon D. (Anonymous), respondent- respondent. (Proceeding No. 4) (Docket Nos. N-6455-15, N-6454-15, N-6453-15, N-6456-15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated November 4, 2016, in effect, to continue two orders of the same court, both dated April 13, 2016, and to direct the respondent-respondent to stay away from the subject children's home, and refrain from committing family offenses or being under the influence of alcohol in the presence of the children, in accordance with the two orders dated April 13, 2016, pending hearing and determination of the appeal from the order dated November 4, 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 to the extent that the two orders of the Family Court, Kings County, both dated April 13, 2016, are continued and the respondent-respondent is directed to stay away from the subject children's home, and refrain from committing family offenses or being under the influence of alcohol in the presence of the children, pending hearing and determination of the appeal from the order dated November 4, 2016, on condition that the appeal is perfected on or before January 12, 2017, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 12, 2017, 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.
RIVERA, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court