Matter of Lamarche v Jessie
Motion No: 2010-00424
Slip Opinion No: 2010 NY Slip Op 63422(U)
Decided on February 17, 2010
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

M98651

S/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-00424, 2010-01035

In the Matter of Robert T. Lamarche, respondent,

v Alana Jessie, appellant.

(Docket No. V-04018-07)

DECISION & ORDER ON MOTION

Motion by Alana Jessie, inter alia, to stay enforcement of two orders of the Family Court, Westchester County, dated December 9, 2009, and January 19, 2010, pending hearing and determination of appeals therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the orders dated December 9, 2009, and January 19, 2010, is granted and enforcement of the orders dated December 9, 2009, and January 19, 2010, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 19, 2010; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 19, 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 pending hearing and determination of the appeals, the respondent shall have supervised visitation with the subject child in accordance with the prior order of the Family Court, Westchester County, dated March 14, 2008; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion the appeals are consolidated.

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

ENTER:

James Edward Pelzer

Clerk of the Court