In the Matter of Kayla C.

Motion No: M-6475

Slip Opinion No: 2018 NYSlipOp 62214(U)

Decided on January 16, 2018

Appellate Division, First 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.

January 16, 2018

In the Matter of

Kayla C.,

Kylie D.,

Christian D.,

McKenzie G., and

Melanie G.,

Children Under 18 Years of Age Alleged

to be Neglected/Abused Under Article 10 of the Family Court Act.

v Docket Nos.

- - - - - - - - - - - - - - NA-32217/16

Administration for Children's Services,NA-32218/16

Petitioner-Appellant,NA-32216/16

NA-31273/16

Faith J. and Stephanie C.,NA-31272/16

Respondents-Respondents.

- - - - - - - - - - - - - -

Seymour W. James, Jr., Esq., The Legal

Aid Society, Juvenile Rights Division,

Attorney for the Children.

Petitioner having moved for a stay pending a purported appeal taken from an order to show cause dated November 27, 2017, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is deemed an application for relief pursuant to CPLR 5704(a) as to the refusal of a provisional remedy by Family Court, and as such, it is granted to the extent of reinstating the temporary restraining order struck by Family Court from the order to show cause signed on November 29, 2017, with the additional provision that supervised visitation, as was permitted prior to August 9, 2017 may continue. The parties and Family Court are to be directed that the underlying proceedings are to be expedited. ENTERED: January 16, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, David Friedman John W. Sweeny, Jr. Judith J. Gische Peter Tom, Justices

M-6475