Appellate Division: Second Judicial Department

M64881

E/sl

ROBERT A. SPOLZINO, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-10637 Kenneth Faath, respondent, v Lisa Wallace-Faath, appellant. (Index No. 201658/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated October 16, 2007, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and to direct the Supreme Court, Nassau County, "to promptly conduct a hearing concerning a schedule of parenting time" with the subject children.

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 preference in the calendaring of the appeal is granted, and on or before February13, 2008, the appellant shall perfect the appeal by serving and filing the record and appendix on the appeal and her brief, the respondent and Law Guardian shall serve and file their respective briefs, if any, on or before March 14, 2008, and the appellant shall serve and her reply brief, if any, on or before March 24, 2008, and the appeal will be calendered when it is fully perfected; and it is further,

ORDERED that the branch of the motion which is to direct the Supreme Court, Nassau County, "to promptly conduct a hearing concerning a schedule of parenting time" with the subject children is denied without prejudice to seeking a visitation schedule in the Supreme Court, Nassau County; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., MILLER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court