Appellate Division: Second Judicial Department

M49274

E/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2006-10852, 2006-11934 Thierry Lew, respondent, v Dorothy Lew, appellant. (Index No. 203028/05)

DECISION & ORDER ON MOTION

Motion by Dorothy Lew for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated December 13, 2006, to stay enforcement of the order pending hearing and determination of the appeal, in effect, to vacate so much of a decision and order on motion of this court dated December 5, 2006, as, upon granting, in part, her motion to stay enforcement of an order of the same court dated November 13, 2006 (Appellant Division Docket No. 2006-10852), continued unsupervised visitation between the respondent and the subject child, to direct supervised visitation between the respondent and child pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

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

ORDERED that the branches of the motion which are for leave to appeal from the order dated December 13, 2006, to stay enforcement of the order dated December 13, 2006, pending hearing and determination of the appeals, in effect, to vacate so much of the decision and order on motion of this court dated December 5, 2006, as continued visitation between the respondent and the child, and to direct supervised visitation are granted; and it is further,

ORDERED that the order dated December 13, 2006, is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the decision and order on motion of this court dated December 5, 2006, is amended by deleting the second and third decretal paragraphs thereof, and substituting therefor a provision staying enforcement of the order dated November 13, 2006, pending hearing and determination of the appeals; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Nassau County, for the entry of an order providing supervised visitation between the respondent and the child pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied without prejudice to renew upon the perfection of the appeals.

MILLER, J.P., RIVERA, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court