Matter of Xu Bing v Cai Jin
Motion No: 2007-00418 +1
Slip Opinion No: 2007 NYSlipOp 61421(U)
Decided on January 19, 2007
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

M49609

E/mv

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-00418, 2007-00420

In the Matter of Xu Bing, respondent,

v Cai Jin, appellant.

(Docket No. V-24533/05)

DECISION & ORDER ON MOTION

Motion by Cai Jin for leave to appeal from two orders of the Family Court, Kings County, both dated January 5, 2007, and to stay enforcement of the orders pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal to this court from the order awarding temporary visitation is granted; and it is further,

ORDERED that the branch of the motion which is to stay the order awarding temporary visitation is granted to the extent that so much of the order as directed that the paternal grandmother supervise visitation is stayed and the matter is remitted to the Family Court, Kings County, to appoint a neutral party to supervise visitation, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order permitting the disclosure of certain material to the District Attorney's office is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order permitting the disclosure of certain material to the District Attorney's office is denied as academic.

PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court