| Matter of Josie (Anonymous) |
| Motion No: 2009-10662 |
| Slip Opinion No: 2009 NY Slip Op 90910(U) |
| Decided on December 10, 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
M95790
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2009-10662 In the Matter of Josie (Anonymous). Deborah B. (Anonymous), appellant; Patrick H. (Anonymous), et al., respondents. (File No. 20011/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Surrogate's Court, Kings County, dated November 12, 2009, and to stay enforcement of so much of the order as directed visitation by the child with the respondents outside the State of New York 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 to this court is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed visitation by the child with the respondents outside the State of New York is granted, so much of the order as directed visitation by the child with the respondents in the State of Maryland is stayed and all visitation scheduled for the State of Maryland shall take place in the State of New York, either pending hearing and determination of the appeal or the issuance of an order of the Surrogate's Court, Kings County, that finally determines the proceeding.
DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court