Appellate Division: Second Judicial Department

M43038

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 11, 2006, in the above-entitled proceeding is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 for leave to appeal to this court is granted; and it is further,

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