Appellate Division: Second Judicial Department

M61240

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-08809 Carrie Petrocca, respondent, v Peter Petrocca, appellant. (Index No. 203746/06)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated September 6, 2007, and to stay enforcement of a temporary restraining order contained in the order dated September 6, 2007, which, inter alia, enjoined visitation between the defendant and the subject children, and to set a visitation schedule, 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 order dated September 6, 2007, is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the temporary restraining order contained in the order and to set a visitation schedule, pending hearing and determination of the appeal, is granted to the extent that the matter is remitted to the Supreme Court, Nassau County, for entry of an order providing the defendant visitation with the subject child to be supervised by a neutral party pending hearing and determination of the appeal or until determination of the motion returnable in Supreme Court, Nassau County, on October 4, 2007, whichever occurs first, and that branch of the motion is otherwise denied.

PRUDENTI, P.J., FISHER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court