Appellate Division: Second Judicial Department

M64837

E/sl

ROBERT A. SPOLZINO, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11789 In the Matter of Norreece Peroglu, appellant, v Victor Baez, respondent. (Docket Nos. V-666/03, V-6495/07, V-6855/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated December 21, 2007, and, in effect, to continue residential custody of the subject children with the appellant, pending hearing and determination of an appeal from the order, and, in effect, to modify the respondent's visitation with the children so that, inter alia, the week day visitation occurs in the Queens Center Mall rather than in Centereach, Long Island.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated December 21, 2007, and, in effect, to continue residential custody of the subject children with the appellant is granted, and enforcement of the order dated December 21, 2007, is stayed and residential custody of the subject children is continued with the appellant, pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 28, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 28, 2008, 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 branch of the motion which is, in effect, to modify the respondent's visitation with the children so that, inter alia, the week day visitation occurs in the Queens Center Mall rather than in Centereach, Long Island, is denied without prejudice to seeking this relief in the Family Court, Suffolk County.

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

ENTER:

James Edward Pelzer

Clerk of the Court