Appellate Division: Second Judicial Department

M102170

E/ct

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2010-03338 In the Matter of Randy Schleger, respondent, v Alexandra Stebelsky, appellant. (Proceeding No. 1) In the Matter of Alexandra Stebelsky, appellant, v Randy Schleger, respondent. (Proceeding No. 2) (Docket Nos. V-3786/06, V-4073/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Nassau County, dated March 10, 2010, and to direct the Family Court, Nassau County, to retain jurisdiction over matters pertaining to the subject child, pending hearing and determination of an appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is granted, and enforcement of the order is stayed and the Family Court, Nassau County, shall retain jurisdiction over matters pertaining to the subject child, pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 1, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 1, 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 the matter is remitted to the Family Court, Nassau County, to enter an order awarding the respondent visitation with the subject child pending determination of the appeal.

PRUDENTI, P.J., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court