| Faath v Wallace-Faath |
| Motion No: 2007-10637 |
| Slip Opinion No: 2008 NYSlipOp 61637(U) |
| Decided on January 22, 2008 |
| 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
M65119
T/sl
ROBERT A. SPOLZINO, J.P.
HOWARD MILLER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-10637 Kenneth Faath, respondent-appellant, v Lisa Wallace-Faath, appellant-respondent. (Index No. 201658/07)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 14, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant-respondent, 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 and cross appeal therefrom, for a preference in the calendaring of the appeal and cross 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 and cross appeal is granted, and the appellant-respondent shall perfect the appeal by serving and filing the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief on or before February 13, 2008, the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before March 14, 2008, the Law Guardian shall serve and file a brief on or before April 14, 2008, the appellant-respondent shall serve and file her reply brief, if any, on or before April 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