Appellate Division: Second Judicial Department

M68083

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-02100 Mark Musachio, respondent, v Annmarie Musachio, appellant. (Index No. 21672-04)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of the custody and child support provisions of an order of the Supreme Court, Suffolk County, dated February 29, 2008, pending hearing and determination of an appeal from the order, and for a new hearing on the issue of custody in the Supreme Court, Nassau County, after psychological and forensic evaluations.

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 to stay enforcement of the custody and child support provisions of the order dated February 29, 2008, is granted and enforcement of the custody and child support provisions of the order dated February 29, 2008, that is, the first, second, third, and fourth decretal paragraphs of the order, are stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before April 14, 2008, and (2) the appellant provide the respondent with supervised therapeutic visitation; and it is further,

ORDERED that in the event the appellant fails to comply with either of the conditions set forth above, the court, on its own motion, may vacate the stay, or the respondent or the attorney for the children may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent and the attorney for the children shall serve and file their briefs on or before April 28, 2008, and the briefs of the respondent and the attorney for the children, if any, shall be served and filed on or before that date; and it is further,

ORDERED that the appellant shall serve and file her reply brief on or before May 5, 2008, and the appellant's reply brief, if any, shall be served and filed on or before that date; and it is further,

ORDERED that the respondent shall serve and file a brief in response to the brief of the attorney for the children on or before May 5, 2008, and the respondent's brief in response to the brief of the attorney, if any, shall be served and filed on or before that date; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, for entry of an order providing the respondent with supervised therapeutic visitation pending hearing and determination of the appeal, with the payment of the costs thereof to be determined by the Supreme Court, Suffolk County; such order to be issued within 10 days of the date of this decision and order on motion; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., DICKERSON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court