Matter of N. (Anonymous), Caia; Administration for Children's Services
Motion No: 2023-04815
Slip Opinion No: 2023 NY Slip Op 70525(U)
Decided on July 21, 2023
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

M290144

AFA/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2023-04815

In the Matter of Caia N. (Anonymous), appellant.

Administration for Children's Services,

petitioner-appellant-respondent; Terri N. (Anonymous),

respondent-respondent-appellant.

(Docket No. NN-9601-2020)

DECISION & ORDER ON MOTION

Appeals by Administration for Children's Services and Caia N. and cross-appeal by Terri N. from an order of the Family Court, Kings County, dated May 23, 2023. Motion by the appellant Caia N. to stay enforcement of the order, pending hearing and determination of the appeals and cross appeal.

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

ORDERED that on the Court's own motion, the cross-appeal by Terri N. is dismissed, without costs or disbursements, on the ground that Terri N. is not aggrieved by the order (see CPLR 5511); and it is further,

ORDERED that the motion is granted, enforcement of the order is stayed, the remand of the subject child is continued, and Terri N. shall have visitation with the subject child in accordance with the order of the Family Court, Kings County, dated November 4, 2021, pending hearing and determination of the appeals.

BARROS, J.P., BRATHWAITE NELSON, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court