| MATTER OF ROBIN A. LONG V SHAWN A. KELLY AND DEBRA P. LINZY |
| Motion No: CAF 09-01636 |
| Slip Opinion No: 2009 NY Slip Op 81506(U) |
| Decided on August 19, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 09-01636
DOCKET NO. V-03702-09-09A
| MATTER OF ROBIN A. LONG, PETITIONER-RESPONDENT, V SHAWN A.
KELLY, RESPONDENT, AND DEBRA P. LINZY, RESPONDENT-APPELLANT. |
Respondent Debra P. Linzy having moved pursuant to CPLR § 5704 (a), by order to show cause signed by the Honorable Robert G. Hurlbutt, for an order vacating that portion of an ex parte order of the Family Court, Oneida County, dated July 31, 2009, that awards petitioner temporary physical custody of the child Halee K.,
Now, upon reading and filing the affidavits of Debra P. Linzy, sworn to August 3, 2009, and August 14, 2009, the affirmations of William L. Koslosky, Esq., dated August 4, 2009, and August 14, 2009, the order to show cause with proof of service thereof, the affirmation of John S. Wilk, Esq., dated August 7, 2009, the affidavit of Robin Long, sworn to August 10, 2009, the affirmation of Andrea Tyler Dodge, Esq., dated August 12, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the order of Family Court is vacated to the extent that it awards petitioner temporary physical custody of Halee K.
Entered: August 19, 2009
PATRICIA L. MORGAN, Clerk