Matter of M. (Anonymous), Abby; Administration for Children's Services
Motion No: 2017-01237
Slip Opinion No: 2017 NY Slip Op 64808(U)
Decided on February 21, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M226342

E/sl

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-01237

In the Matter of Abby M. (Anonymous).

Administration for Children's Services,

petitioner-appellant; Kimberly C. M.

(Anonymous), respondent-respondent.

(Docket No. N-1806-17)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to stay enforcement of an order of the Family Court, Queens County, dated February 2, 2017, and to remand the subject child to its care and custody pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated February 2, 2017, and to remand the subject child to the petitioner-appellant's care and custody pending hearing and determination of the appeal from the order is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see Family Ct Act § 1112; CPLR 5521[b]).

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court