Opinion
Motion No: 2011-10147 Index No. 100128/10M130513
12-19-2011
In the Matter of Samuel S. (Anonymous). Simon S. (Anonymous), et al., appellants; v. Helene S. (Anonymous), respondent.
, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated September 23, 2011, and, in effect, to appoint Simon S. as guardian for Samuel S., pending hearing and determination of an appeal from the order, for a preference in the calendaring of the appeal, and for an expedited briefing schedule.
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 notice of appeal is treated as an application for leave to appeal from the order dated September 23, 2011, and leave to appeal is granted (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated September 23, 2011, and, in effect, to appoint Simon S. as guardian for Samuel S. is denied; and it is further,
ORDERED that the branches of the motion which are for a preference in the calendaring of the appeal and for an expedited briefing schedule are granted; and it is further,
ORDERED that the appeal shall be perfected on or before January 10, 2012; and it is further,
ORDERED that the respondent shall serve and file a brief, if any, on or before February 14, 2012; and it is further,
ORDERED that the appellants shall serve and file a reply brief, if any, on or before February 24, 2012; and it is further,
ORDERED that the appeal will be calendared after all of the briefs have been filed.
RIVERA, J.P., FLORIO, BALKIN and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court