Appellate Division: Second Judicial Department

M291437

AFA/

HECTOR D. LASALLE, P.J.

ROBERT J. MILLER

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2023-07437 In the Matter of Davena A. (Anonymous). Administration for Children's Services, petitioner- appellant-respondent; Christopher A. (Anonymous), respondent-respondent-appellant. (Proceeding No. 1) In the Matter of Daenerys A. (Anonymous). Administration for Children's Services, petitioner- appellant-respondent; Christopher A. (Anonymous), respondent-respondent-appellant. (Proceeding No. 2) (Docket Nos. NA-1067-2022, NA-1068-2022)

DECISION & ORDER ON MOTION

Appeal by Administration for Children's Services and cross-appeal by Christopher A. from an order of the Family Court, Richmond County, dated August 16, 2023. Motion by the appellant-respondent, in effect, for summary reversal of the order and to stay enforcement of the order, to continue the release of the subject children to the care and custody of Cynthia A., and to continue an order of protection of the same court dated April 11, 2022, pending hearing and determination of the appeal and cross-appeal.

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

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

ORDERED that the motion is granted to the extent that enforcement of the order dated August 16, 2023, is stayed, the release of the subject children to the care and custody of Cynthia A. is continued, and Christopher A.'s contact with the subject children shall be limited to supervised visitation only, under the same conditions as were in effect at the time the order dated August 16, 2023, was issued, pending hearing and determination of the appeal, and the motion is otherwise denied.

LASALLE, P.J., MILLER, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court