Matter of Sullivan v Sullivan
Motion No: 2006-10035
Slip Opinion No: 2006 NYSlipOp 79124(U)
Decided on November 3, 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

M46502

Y/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-10035

In the Matter of Cornelius Sullivan, respondent,

v Marilyn Sullivan, appellant.

(Docket No. V-1893-03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Suffolk County, dated October 12, 2006, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted to the extent that enforcement of the order dated October 12, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 4, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 4, 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 pending hearing and determination of the appeal, the visitation provisions of the order of the Family Court, Suffolk County, dated July 6, 2004, shall remain in effect; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court