| Mohen v Mohen |
| Motion No: 2007-10400 |
| Slip Opinion No: 2007 NYSlipOp 86132(U) |
| Decided on December 13, 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. |
Appellate Division: Second Judicial Department
M63694
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2007-10400 Joseph Mohen, appellant, v Anna Mohen, respondent. (Index No. 202313/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of a judgment of the Supreme Court, Nassau County, entered October 24, 2007, as awarded custody of the subject child to the respondent, awarded the respondent maintenance, and directed the return of the subject child's passport to the respondent, pending hearing and determination of an appeal from the judgment, and for a preference in the calendaring 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 a stay is granted to the extent that enforcement of so much of the judgment as directed the return of the subject child's passport to the respondent is stayed, the passport is to remain with the Law Guardian, and the subject child shall not be removed from the country, pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., RITTER, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court