| McAvoy v Hannigan |
| Motion No: 2007-01675 |
| Slip Opinion No: 2007 NYSlipOp 64303(U) |
| Decided on March 2, 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. |
Appellate Division: Second Judicial Department
M51513
E/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-01675 Annemarie McAvoy, appellant, v John Hannigan, respondent. (Index No. 9927/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated February 23, 2007, 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 on the court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted and enforcement of the order dated February 23, 2007, is stayed pending hearing and determination of the appeal or the issuance of a final order on the respondent's motion for a change of custody, on condition that the appeal is perfected on or before April 4, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 4, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., FISHER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court