Appellate Division: Second Judicial Department

M60205

T/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

ROBERT A. LIFSON

WILLIAM E. McCARTHY, JJ.

2007-08092 In the Matter of Thomas Hanovic, respondent, v Christine Ravache, appellant. (Docket No. V-06452-04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from a modified temporary order of custody of the Family Court, Suffolk County, dated August 30, 2007, and to stay enforcement of the modified temporary order of custody and all proceedings in the above-entitled matter pending hearing and determination of the appeal.

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 for leave to appeal to this court from the modified temporary order of custody dated August 30, 2007, is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the modified temporary order of custody dated August 30, 2007, is granted, and enforcement of the modified temporary order of custody dated August 30, 2007, is stayed pending either hearing and determination of the appeal or entry of a final custody order by the Family Court, Suffolk County, on condition that on or before October 15, 2007, the appellant relocate with the subject child to Suffolk County pending either hearing and determination of the appeal or entry of a final custody order by the Family Court, Suffolk County; and it is further,

ORDERED that if the appellant fails to relocate with the subject child to Suffolk County on or before October 15, 2007, the respondent may move to vacate the stay on three days notice; and it is further,

ORDERED that the matter is remitted to the Family Court, Suffolk County, for the entry of an order awarding supervised visitation to the respondent pending vacature of the temporary restraining order dated August 12, 2007, entered against the respondent by the Superior Court of New Jersey, Chancery Division, Family Part, Union County; upon vacature of the temporary restraining order the visitation provisions of the parties' stipulation entered December 7, 2004, shall be reinstated pending hearing and determination of the appeal or entry of a final custody order by the Family Court, Suffolk County; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., FLORIO, LIFSON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court