| Matter of Larkin v White |
| Motion No: 2009-00143 |
| Slip Opinion No: 2009 NYSlipOp 60934(U) |
| Decided on January 15, 2009 |
| 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
M81155
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2009-00143 In the Matter of Alyse Larkin, appellant, v Caleb J. White, respondent. (Proceeding No. 1)
In the Matter of Caleb J. White, appellant, v Alyse Larkin, respondent. (Proceeding No. 2) (Docket Nos. V-9582/07, V-9760/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated December 19, 2008, to stay enforcement of the order, and, in effect, to continue physical custody of the subject child with her pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the order is stayed and the appellant is to have temporary physical custody of the subject child pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 17, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 17, 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 pending hearing and determination of the appeal the respondent shall have visitation with the subject child in accordance with the "parenting time" schedule set forth in the order of the Family Court, Nassau County, dated May 9, 2008, as well as visitation on alternating holidays in accordance with the order of the Family Court, Nassau County, dated December 19, 2008; and it is further,
ORDERED that the respondent and attorney for the child shall serve and file their respective briefs, if any, on or before March 19, 2009; and it is further,
ORDERED that the appellant shall serve and file her reply brief, if any, on or before April 1, 2009.
RIVERA, J.P., MILLER, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court