Appellate Division: Second Judicial Department

M53197

E/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-00418 In the Matter of Xu Bing, respondent, v Cai Jin, appellant. (Docket No. V-24533/05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Kings County, dated January 5, 2007, inter alia, (1) to vacate a stay granted by decision and order on motion of this court dated January 19, 2007, (2) to dismiss the appeal on the ground that it has been rendered academic, and (3) to remit the matter to the Family Court, Kings County, to make any appropriate visitation order.

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 to vacate the stay granted by decision and order on motion of this court dated January 19, 2007, is granted, that portion of the decision and order on motion of this court dated January 19, 2007, as granted a stay is vacated; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to remit the matter to the Family Court, Kings County, to make any appropriate visitation order is granted, and the matter is remitted to the Family Court, Kings County, to make any appropriate visitation order; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court