Appellate Division: Second Judicial Department

M53091

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-02847 Bernadette Hutter, appellant, v Raymond Hutter, respondent. (Index No. 202432/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated March 7, 2007, as awarded custody of the subject child to the respondent, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the court's own motion, the notice of appeal is treated as an application for leave to appeal from so much of the order dated March 7, 2007, as awarded custody of the subject child to the respondent and leave to appeal from that portion of the order is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted and enforcement of so much of the order dated March 7, 2007, as awarded custody of the subject child to the respondent is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 10, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 10, 2007, 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 the respondent and Law Guardian shall serve and file their respective briefs on or before May 31, 2007, and the appellant shall serve and reply her reply brief, if any, on or before June 11, 2007.

KRAUSMAN, J.P., FISHER, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court