Matter of P. (Anonymous), Marvin
Motion No: 2012-08392
Slip Opinion No: 2012 NY Slip Op 86145(U)
Decided on October 3, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M144453

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-08392

In the Matter of Marvin P. (Anonymous), respondent.

Kathleen M. Rice, etc., et al., appellants.

(Index No. 87577/94)

DECISION & ORDER ON MOTION

Separate motions by Kathleen M. Rice and the State Commissioner of Mental Health for leave to appeal to this Court from an order of the Supreme Court, Orange County, dated August 17, 2012, and to stay enforcement of the order pending hearing and determination of the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that enforcement of the order is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 2, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 2, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file his brief, if any, on or before December 3, 2012; and it is further,

ORDERED that the appellants shall serve and file their reply briefs, if any, on or before December 18, 2012.

SKELOS, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court