Appellate Division: Second Judicial Department

M44243

A/nl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2006-07892 In the Matter of Tarik R. Bey, respondent, v Virginia Perez, appellant. (Docket Nos. V-85/03-05B, V-87/03-05B)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay enforcement of an order of the Supreme Court, Queens County, dated August 16, 2006, pending hearing and determination of an appeal therefrom, and to continue custody of the subject child with the appellant pending hearing and determination of the appeal.

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

ORDERED that the motion is granted, enforcement of the order dated August 16, 2006, is stayed, and custody of the subject child is continued with the appellant pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 26, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 26, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court