| Matter of Russell v Russell |
| Motion No: 2009-07436 |
| Slip Opinion No: 2009 NY Slip Op 82449(U) |
| Decided on September 8, 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
M91627
T/sl
HOWARD MILLER, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2009-07436 In the Matter of Joseph T. Russell, respondent, v Jennifer Russell, appellant. (Docket Nos. V-14667-05, V-14668-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated July 8, 2009, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 5, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 5, 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 custody and visitation provisions of the order of the Family Court, Suffolk County, dated January 11, 2008, shall remain in effect.
MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court