| Matter of T. (Anonymous), Gabriela; T. (Anonymous), Noelia; Administr |
| Motion No: 2017-07122 |
| Slip Opinion No: 2017 NY Slip Op 87340(U) |
| Decided on September 28, 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. |
Appellate Division: Second Judicial Department
M238470
E/sl
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
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2017-07122 In the Matter of Gabriela T. (Anonymous). Administration for Children's Services, petitioner- appellant; Angelina T. (Anonymous), respondent- respondent. (Proceeding No. 1) In the Matter of Noelia T. (Anonymous). Administration for Children's Services, petitioner- appellant; Angelina T. (Anonymous), respondent- respondent. (Proceeding No. 2) (Docket Nos. N-14152-15, N-14153-15)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-appellant, inter alia, to stay enforcement of an order of the Family Court, Queens County, dated July 17, 2017, and to continue the remand of the subject children to its care and custody, with supervised visitation between the respondent-respondent and the subject children in accordance with the terms of an order of the same court dated June 22, 2017, pending hearing and determination of an appeal from the order dated July 17, 2017.
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 July 17, 2017, and to continue the remand of the subject children to the petitioner-appellant's care and custody, with supervised visitation between the respondent-respondent and the subject children in accordance with the terms of an order of the same court dated June 22, 2017, is granted, and enforcement of the order is stayed and the remand of the subject children to the petitioner-appellant's care and custody, with supervised visitation between the respondent-respondent and the subject children in accordance with the terms of an order of the same court dated June 22, 2017, is continued, pending hearing and determination of the appeal from the order dated July 17, 2017, on condition that the appeal is perfected on or before November 13, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 13, 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; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court