PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND NEMOYER, JJ.

DOCKET NO. CA 17-00545

DAVID SCHNEITER AND RACHEL SCHNEITER, PETITIONERS-RESPONDENTS, V NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, RESPONDENT, AND ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENT-APPELLANT.

Appellant Erie County Department of Social Services having moved, upon the return of an order to show cause granted by the Honorable Patrick H. NeMoyer on March 14, 2017, for the following temporary relief pending a hearing and determination of this application by the full Court: a stay of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 3, 2017, including the return of the subject child to petitioners' custody, visitation with the subject child to petitioners, to enjoin the pending adoption proceedings concerning the subject child in Family Court, and petitioners having cross-moved to vacate the stay of the return of the subject child to their custody, to continue the stay of the relevant adoption proceedings, and for increased visitation with the subject child,

Now, upon reading and filing the affidavit of Joseph T. Jarzembeck, Esq., sworn to March 6, 2017, said show cause order with proof of service thereof, the affidavit of David E. Gutowski, Esq., sworn to March 17, 2017, the affidavit of Rachael Schneiter sworn to March 17, 2017, and the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that all proceedings to enforce the judgment entered March 3, 2017, including the return of the subject child to petitioners' custody, are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before May 4, 2017, and

It is further ORDERED that if the appeal is perfected on or before May 4, 2017, the appeal shall be added to the calendar for the term of this Court commencing September 5, 2017, and

It is further ORDERED that petitioners' cross motion is granted to the extent that petitioners shall have visitation with the subject child each week on Monday, or on such other day as mutually agreed between petitioners and Erie County Department of Social Services, for eight hours from 8:30 a.m. to 4:30 p.m., pending the determination of the appeal, and

It is further ORDERED that the cross motion is granted to the extent that the adoption proceedings pending in Erie County Family Court concerning the adoption of subject child by Jennifer R. are hereby stayed, and enjoined, and restrained from continuing pending the determination of the appeal, and

It is further ORDERED that the cross motion is otherwise denied.

Entered: April 4, 2017

Frances E. Cafarell, Clerk