| Matter of Smith-McFarland v Smith |
| Motion No: 2008-02142 |
| Slip Opinion No: 2008 NYSlipOp 66896(U) |
| Decided on March 19, 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
M67888
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2008-02142 In the Matter of Susan Smith-McFarland, appellant, v Grant Smith, respondent. (Docket No. V-89/01)
| DECISION & ORDER ON MOTION |
Motion by Susan Smith McFarland for leave to appeal to this court from an order of the Family Court, Rockland County, entered February 27, 2008, and, in effect, to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which, in effect, is to stay enforcement of the order pending hearing and determination of the appeal is granted and enforcement of the order entered February 27, 2008, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 18, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 18, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court