| Rubio v Rubio |
| Motion No: 2009-08239 |
| Slip Opinion No: 2009 NY Slip Op 87908(U) |
| Decided on November 5, 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
M94093
E/sl
STEVEN W. FISHER, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-08239 Henry Rubio, appellant, v Rosemary Rubio, respondent. (Index No. 24476/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to modify a decision and order on motion of this court dated September 10, 2009, which determined his motion, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated August 28, 2009, 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 to the extent that the matter is remitted to the Supreme Court, Queens County, to set a visitation schedule and determine who should bear the costs of the child's visitation pending hearing and determination of the appeal, and the motion is otherwise denied.
FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court