Carlin v Carlin
Motion No: 2007-07437
Slip Opinion No: 2007 NYSlipOp 77548(U)
Decided on September 10, 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

M59401

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-07437

Michael Carlin, appellant,

v Larissa Carlin, respondent.

(Index No. 29608/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated August 1, 2007, to continue temporary custody of and visitation with the subject children as set forth in two orders of the same court dated April 12, 2007, and May 3, 2007, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and temporary custody of and visitation with the subject children is continued as set forth in the orders dated April 12, 2007, and May 3, 2007, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 10, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 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.

PRUDENTI, P.J., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court