Appellate Division: Second Judicial Department

M248693

E/rr

JEFFREY A. COHEN, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2018-03231 In the Matter of Angel S. (Anonymous). Administration for Children's Services, petitioner-respondent; Sedetiana J. (Anonymous), respondent-appellant, et al., respondent. (Index Nos. N-33325-17, V-33736-17)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay enforcement of an order of the Family Court, Kings County, dated March 16, 2018, and to allow the subject child to remain in her care and custody in North Carolina, pending hearing and determination of an appeal from the order, or, in the alternative, for an expedited briefing schedule and a preference in the calendaring of the appeal, and to waive the filing fee.

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 March 16, 2018, and to allow the subject child to remain in the respondent-appellant's care and custody in North Carolina pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for an expedited briefing schedule and a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521; Family Ct Act § 1112; 22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary in light of an order on certification decided herewith.

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

ENTER:

Aprilanne Agostino

Clerk of the Court