Appellate Division: Second Judicial Department

M91723

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-08106 Michelle Schwartz, appellant, v Jeffrey Schwartz, respondent. (Index No. 23196/04)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Kings County, dated August 14, 2009, to the extent that it prohibits her from relocating with the children to Huntington Station or Staten Island and from enrolling the subject children in a school other than the school they already attend, pending hearing and determination of an appeal therefrom.

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, to the extent that it prohibits the appellant from relocating with the children to Huntington Station or Staten Island and enrolling the subject children in a school other than the school they already attend, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 13, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 13, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court