Appellate Division: Second Judicial Department

M34479

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09398, 2005-09399, 2005-09400 In the Matter of Claudia Ponti, petitioner, v Michael Ponti, respondent. (Docket No. V-12686-03)

DECISION & ORDER ON MOTION

Motion by the appellant, Michael Ponti, on appeals from three orders of the Family Court, Queens County, all dated October 4, 2005, in effect, to amend so much of a decision and order on motion of this court dated October 31, 2005, as conditioned a stay of enforcement of the order that directed Michael Ponti to restore custody of the subject child to Claudia Ponti upon his perfection of the appeals on or before December 16, 2005, to condition the stay upon perfection on the appeals on or before February 16, 2006, and to continue the stay pending hearing and determination of the appeals, and to enlarge the time to perfect the appeals.

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, in effect, to amend so much of the decision and order on motion of this court dated October 31, 2005, as conditioned a stay of enforcement of the order that directed Michael Ponti to restore custody of the subject child to Claudia Ponti upon his perfection of the appeals on or before December 16, 2005, to condition the stay upon perfection of the appeals on or before February 16, 2006, is denied; and it is further,

ORDERED that on the court's own motion, so much of the decision and order on motion of this court dated October 31, 2005, as granted a stay of enforcement of the order that directed Michael Ponti to restore custody of the subject child to Claudia Ponti is vacated; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is denied as unnecessary.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court