Appellate Division: Second Judicial Department

M41897

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-04619, 2006-05697, 2006-05704 In the Matter of Rachel L. (Anonymous), appellant, v Abraham L. (Anonymous), respondent. (Proceeding No. 1) (Docket No. O-3798-05) In the Matter of Rachel L. (Anonymous), appellant, v Abraham L. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. O-3798-05, V-3799-05, V-3800-05, V-3801-05, V-3802-05, V-3803-05, V-3804-05, V-3805-05) In the Matter of Rachel L. (Anonymous), appellant, v Abraham L. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. V-2744-06, V-2745-06, V-2746-06, V-2747-06, V-2748-06, V-2749-06, V-2750-06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Family Court, Orange County, one dated April 13, 2006, and two dated June 1, 2006, to stay enforcement of so much of the order dated June 1, 2006 (Appellate Division Docket No. 2006-05697), as directed that "all seven children shall be at the residence of the paternal grandmother, Rachel L., Sr., once per month for a two-day period which shall include overnight. During that time Abraham L. may visit with the children at such times as may be arranged with Rachel L., Sr., provided there is supervision for that visitation," to reinstate a temporary order of protection dated July 20, 2005, to consolidate the appeals, and to make the caption of the appeals anonymous.

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 so much of the order dated June 1, 2006, as directed that "all seven children shall be at the residence of the paternal grandmother, Rachel L., Sr., once per month for a two-day period which shall include overnight. During that time Abraham L. may visit with the children at such times as may be arranged with Rachel L., Sr., provided there is supervision for that visitation," is granted, and enforcement of that provision of the order is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before August 11, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 11, 2006, the court on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and to make the captions anonymous are granted, the appeals are consolidated and the captions have been amended accordingly; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion the respondents shall serve and file their respective briefs on or before September 15, 2006; the Law Guardians shall serve and file their briefs on or before October 13, 2006; and the appellant's reply brief, if any, shall be served and filed on or before October 27, 2006.

KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court