Appellate Division: Second Judicial Department

M294047

KS/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2023-11823 In the Matter of John S.W. (Anonymous). Jon Sendach, etc., respondent; Mental Hygiene Legal Service, on behalf of John S.W. (Anonymous), appellant. (Index No. 619340/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated December 6, 2023. Motion by the appellant to stay enforcement of the order, pending hearing and determination of the appeal, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the branch of the motion which is to stay enforcement of the order pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously after all briefs have been filed; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted and the appellant shall perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Acting Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the brief by regular mail.

BRATHWAITE NELSON, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court