Appellate Division: Second Judicial Department

M305891

AFA/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2024-06524 In the Matter of Elena M. (Anonymous). Administration for Children's Services, petitioner-appellant; Eliza M. (Anonymous), respondent-respondent. (Docket No. N-16418-2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated July 23, 2024. By decision and order on motion of this Court dated September 20, 2024, this Court granted a motion by the appellant, in effect, to stay enforcement of the order dated July 23, 2024, to remand the subject child to the care and custody of the appellant, and to direct that the respondent have agency-supervised visits with the subject child, pending hearing and determination of the appeal. Motion by the attorney for the child to modify the decision and order on motion of this Court dated September 20, 2024, to the extent of permitting the Family Court, Kings County, to issue a dispositional order in the above-entitled proceeding.

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

ORDERED that the motion is granted, and the decision and order on motion of this Court dated September 20, 2024, is modified to the extent that enforcement of the order dated July 23, 2024, is stayed, the subject child is remanded to the care and custody of the appellant, and the respondent shall have agency-supervised visitation with the subject child, pending hearing and determination of the appeal or the issuance of a dispositional order determining the above-entitled proceeding, whichever occurs first.

BRATHWAITE NELSON, J.P., VOUTSINAS, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court