Appellate Division: Second Judicial Department

M61410

T/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2007-09284 In the Matter of Danilo Guerrero, respondent, Haley Rice, appellant. (Docket Nos. V-16969-06, V-19198-05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated September 26, 2007, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted, and enforcement of the order is stayed to the extent that, pending hearing and determination of the appeal, the father is awarded supervised visitation with the subject child, on condition that the appeal is perfected on or before November 19, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 19, 2007, the court, on its own motion, may vacate the stay, or 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 issuance of a temporary order providing for supervised visitation to the father during the pendency of the stay; the Family Court shall issue such order with all convenient speed.

RIVERA, J.P., SKELOS, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court