MATTER OF TRACY C. O. V DOUGLAS A. F.
Motion No: CAF 09-00232
Slip Opinion No: 2009 NYSlipOp 65530(U)
Decided on February 25, 2009
Appellate Division, Fourth 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.


February 25, 2009

PRESENT: SMITH, J. P., CENTRA, PERADOTTO, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-00232
DOCKET NO. P-06996-08

MATTER OF TRACY C. O., PETITIONER-RESPONDENT,

V

DOUGLAS A. F., RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to appeal from an order of the Family Court, Onondaga County, entered in the office of the Clerk of said Court on January 8, 2009, and for a stay of enforcement of the order pending determination of the appeal,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to February 6, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to appeal is granted, and

It is further ORDERED that the motion insofar as it seeks a stay pending appeal is granted on condition that the appeal is perfected on or before April 27, 2009, and if so perfected, the appeal shall be placed on the calendar for the term of Court commencing September 8, 2009.

Entered: February 25, 2009

JOANN M. WAHL, Clerk