Matter of Harris v Magee
Motion No: 2009-11271
Slip Opinion No: 2009 NY Slip Op 92469(U)
Decided on December 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M96536

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-11271

In the Matter of Mark Harris, etc., appellant,

v Patrick Magee, respondent.

(Docket No. O-3244/09)

DECISION & ORDER ON MOTION

Motion by the appellant to reinstate a temporary order of protection dated October 13, 2009, pending hearing and determination of an appeal from an order of the Family Court, Rockland County, entered November 23, 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 the temporary order of protection dated October 13, 2009, is reinstated pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 22, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 22, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the court's own motion, the record is enlarged to include a decision of the Family Court, Rockland County, dated December 10, 2009.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court