| Matter of Scala v Evanson |
| Motion No: 2010-05997 |
| Slip Opinion No: 2010 NY Slip Op 75747(U) |
| Decided on June 30, 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. |
Appellate Division: Second Judicial Department
M105071
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-05997, 2010-05998 In the Matter of Stephen Scala, respondent, v Linda Evanson, appellant. (Docket Nos. V-13756/05, V-12992/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Family Court, Kings County, both dated June 4, 2010, pending hearing and determination of appeals therefrom, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the orders is granted to the extent that the order concerning visitation dated June 4, 2010, is stayed, and the appellant shall be entitled to supervised visitation with the subject child to be supervised by a supervisor agreed to by the parties and the attorney for the child for a period of two hours at lunch or dinner time on Tuesday or Wednesday each week and for a period of four hours on Saturday or Sunday each week, as agreed by the parties based upon the supervisor's availability, with each party to pay one half of the cost of the supervisor, without prejudice to the apportionment of the cost of the supervisor by future order of the Family Court, pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 30, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 30, 2010, the court, on its own motion, may vacate the stay, or the respondent or the attorney for the child may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondent and the attorney for the child shall serve and file their briefs, if any, on or before August 30, 2010; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before September 14, 2010; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted and the appeals will be calendared after all of the briefs have been filed.
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court