Appellate Division: Second Judicial Department

M91867

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-07813 In the Matter of Christina M. Durkin, respondent, v James Victor Donnelly, Jr., appellant. (Docket No. O-00260/09)

DECISION & ORDER ON MOTION

Motion by James Victor Donnelly, Jr., for leave to appeal to this court from an order of the Supreme Court, Nassau County (IDV Part), dated August 12, 2009, and to restore his visitation with the subject children, James and Reese, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to restore the appellant's visitation with the subject children, James and Reese, pending hearing and determination of the appeal is granted to the extent that pending hearing and determination of the appeal or pending determination of the underlying motion that was the subject of the order dated August 12, 2009, by the Supreme Court, Nassau County (IDV Part), whichever occurs first, the appellant shall have visitation with James and Reese in accordance with the order of visitation dated December 4, 2007, except that the visitation shall not take place in the presence of the appellant's child Samantha, and that branch of the motion is otherwise denied.

SKELOS, J.P., COVELLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court