Appellate Division: Second Judicial Department

M92767

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-06231 In the Matter of Youssef Odeh, petitioner- respondent, v Zahra Assad, respondent-appellant; Rebecca Brisch, etc., nonparty-appellant. (Docket Nos. V-172/08, V-173/08, V-174/08)

DECISION & ORDER ON MOTION

Motion by Zahra Assad on appeals from an order of the Supreme Court, Kings County (IDV Part), dated July 8, 2009, to direct the return of the children Ali and Roquiah to her care and custody, and, in effect, to stay enforcement of an order of the same court dated September 10, 2009.

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 it is further,

ORDERED that the children Ali and Roquiah shall be returned to the care and custody of Zahra Assad forthwith, in accordance with the order of the Supreme Court, Kings County (IDV Part), dated September 8, 2008, pending hearing and determination of the pending appeals or the issuance of an order of temporary custody by the Supreme Court, Kings County (IDV Part) issued following a hearing, to be held forthwith; and it is further,

ORDERED that enforcement of the order dated September 10, 2009, is stayed pending hearing and determination of the appeals or issuance of an order of temporary custody, as noted above; and it is further,

ORDERED that during the period that Zahra Assad has care and custody of the children Ali and Roquiah, as provided for in this order, Youssef Odeh shall have visitation in accordance with the order of the Supreme Court, Kings County (IDV Part), dated June 18, 2009.

FLORIO, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court