| Matter of Grigoli v Grigoli |
| Motion No: 2005-06281 +1 |
| Slip Opinion No: 2006 NYSlipOp 81579(U) |
| Decided on December 8, 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. |
Appellate Division: Second Judicial Department
M47308
S/sl/nl
ROBERT W. SCHMIDT, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
JOSEPH COVELLO, JJ.
|
2005-06281 In the Matter of Jacqueline Grigoli, appellant, v Carmine Grigoli, respondent. (Appeal No. 1) 2006-09395 In the Matter of Jacqueline Grigoli, respondent, v Carmine Grigoli, appellant. (Appeal No. 2) (Docket No. V-1889-05)
| DECISION & ORDER ON MOTION |
Motion by Carmine Grigoli on an appeal from an order of the Family Court, Richmond County, dated June 29, 2005, which was determined by decision and order of this court dated May 16, 2006, and an appeal from an order of the same court dated September 28, 2006, in effect, to declare that Jacqueline Grigoli has violated the provision of the decision and order of this court dated May 16, 2006, which prohibited her from moving the residence of the child beyond 60 radial miles from Manhattan without the prior, written consent of the father or alternatively, to direct the Family Court, Richmond County, to determine whether Jacqueline Grigoli violated the above-referenced provision.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appeal from the order dated September 28, 2006 (Appellate Division Docket No. 2006-09395), is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,
ORDERED that the branch of the motion which is to declare that Jacqueline Grigoli has violated the provision of the decision and order of this court dated May 16, 2006, which prohibited her from moving the residence of the child beyond 60 radial miles from Manhattan without the prior, written consent of the father, is referred to the Family Court, Richmond County, to hear and determine, and if it is determined that Jacqueline Grigoli has violated the above-referenced provision, to make a new order of temporary custody in its discretion; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., KRAUSMAN, MASTRO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court