Appellate Division: Second Judicial Department

M223741

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-12875 In the Matter of Beverly F. (Anonymous), appellant. Creedmoor Psychiatric Center, respondent. (Index No. 501506/16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated December 6, 2016, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original record.

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 it is further,

ORDERED that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 18, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 18, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before February 1, 2017; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before February 14, 2017; and it is further,

ORDERED that service of all briefs in this appeal shall be effected pursuant to CPLR 2103 (b)(1), (3), or (6); and it is further,

ORDERED that the appeal shall calendared expeditiously after all of the briefs have been filed.

DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court