In the Matter of the Application for Approval of an Instrument Concerning Serenity R. L.

Motion No: M-3771

Slip Opinion No: 2018 NYSlipOp 83271(U)

Decided on September 6, 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.

September 6, 2018

Docket No. L-3961/18

Approval of an Instrument Concerning

Serenity R. L.,

A Child Subject of a Foster Care

Placement Proceeding under Social

Services Law § 358-a. CONFIDENTIAL

v

- - - - - - - - - - - - - - Administration for Children's Services,

Petitioner-Respondent,

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

Dawne A. Mitchell, Esq.,

The Legal Aid Society,

Juvenile Rights Division,

Attorney for the Child-Appellant.

Leave having been sought to appeal from an interlocutory order of the Family Court, New York County, entered on or about July 23, 2018, and a motion having been made to stay the execution of the arrest warrant issued pursuant to said July 23, 2018 order, pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that leave to appeal is granted. That portion of the motion seeking a stay of the arrest warrant is granted on condition that appellant perfects the appeal on or before

October 1, 2018 for the December 2018 Term. Assuming the appeal is so perfected, the Clerk is directed to calendar the appeal to be heard together with Matter of Zavion O., Docket No. L-2512/17.All concur except Friedman, J., who partially dissents as follows: Friedman, J. (partially dissenting) Insofar as the majority grants a stay, I respectfully dissent. ENTERED: September 6, 2018

_____________________ CLERK