Appellate Division: Second Judicial Department

M234578

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-06775 In the Matter of Esscence R. (Anonymous). Administration for Children's Services, petitioner- appellant; Ebony B. R. (Anonymous), respondent- respondent. (Docket No. N-122550/17)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant to stay enforcement of so much of an order of the Family Court, Kings County, dated June 15, 2017, as granted the respondent-respondent's motion and released the subject child to the respondent-respondent's care and custody, and to continue the remand of the subject child to its care and custody, pending hearing and determination of an appeal from the order.

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 as granted the respondent-respondent's motion and released the subject child to the respondent-respondent's care and custody is stayed, and the remand of the subject child to the petitioner-appellant's care and custody is continued, pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 1, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 1, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-respondent or the attorney for the child may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., COHEN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court