Appellate Division: Second Judicial Department

M80096

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REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-11012 In the Matter of Paras Awan, respondent, v Aamir Awan, appellant. (Docket No. V-16412-08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated November 7, 2008, inter alia, to stay enforcement of so much of the order dated November 7, 2008, and so much of an order of the same court dated March 14, 2008, as permits the respondent to travel to Pakistan with the subject child pending hearing and determination of the appeal from the order dated November 7, 2008.

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 to stay enforcement of so much of the order dated November 7, 2008, and so much of an order of the same court dated March 14, 2008, as permits the respondent to travel to Pakistan with the subject child is granted, and enforcement of so much of the order dated November 7, 2008, and so much of the order dated March 14, 2008, as permits the respondent to travel to Pakistan with the subject child is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 20, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 20, 2009, 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 motion is otherwise denied as academic.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court