Admin. for Children's Servs. v. Celeste N.W. (In re Destiny M.M.)

Full title: In the Matter of Destiny M. M. (Anonymous). Administration for Children's…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Nov 29, 2012

2012 N.Y. Slip Op. 92013 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-09969 Docket No. N-25470-10 M147283

11-29-2012

In the Matter of Destiny M. M. (Anonymous). Administration for Children's Services, petitioner- respondent; v. Celeste N. W. (Anonymous), respondent- respondent; Richard M. (Anonymous), appellant.

REINALDO E. RIVERA

, J.P.

MARK C. DILLON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Queens County, dated November 8, 2012, as permits the subject child to temporarily reside in Colorado, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.

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 for a stay 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 denied as unnecessary (see Family Ct Act § 1112[a]; CPLR 5521).

RIVERA, J.P., DILLON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court