Matter of Perez v Rivera
Motion No: 2006-06143
Slip Opinion No: 2006 NYSlipOp 71820(U)
Decided on July 11, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M41974

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-06143

In the Matter of Carlos Perez, respondent,

v Abisag Rivera, appellant.

(Docket No. V-17546/06)

DECISION & ORDER ON MOTION

Motion by Abisag Rivera for leave to appeal to this court from an order of the Family Court, Kings County, dated June 29, 2006, and, inter alia, to stay enforcement of the order pending hearing and determination of the appeal

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

ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that so much of the order as directed that visitation be unsupervised is stayed pending hearing and determination of the appeal or further order of the Family Court, Kings County; and it is further,

ORDERED that pending hearing and determination of the appeal or further order of the Family Court, Kings County, the visitation granted in the order dated June 29, 2006, is continued on condition that during the periods of visitation the child is under the continuous supervision of a responsible adult; and it is further,

ORDERED that the matter is remitted to the Family Court, Kings County, to appoint, forthwith, a responsible adult to supervise the visitation; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court