Appellate Division: Second Judicial Department

M54438

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

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

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated March 7, 2007, in effect, to amend so much of a decision and order on motion of this court dated April 10, 2007, as conditioned a stay of enforcement of so much of the order as awarded custody of the subject child to the respondent upon her perfection of the appeal on or before May 10, 2007.

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

ORDERED that the motion is granted to the extent that the decision and order on motion of this court dated April 10, 2007, is amended by deleting from the decretal paragraphs thereof the date "May 10, 2007," and substituting therefor the date "May 21, 2007," and the motion is otherwise denied; and it is further,

ORDERED that the respondent and Law Guardian shall serve and file their respective briefs, if any, on or before June 11, 2007, and the appellant shall serve and file her reply brief, if any, on or before June 18, 2007.

MASTRO, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court