| Matter of Eberhardt, Mariah Ruby |
| Motion No: 2010-06016 |
| Slip Opinion No: 2010 NY Slip Op 76594(U) |
| Decided on July 9, 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
M105562
E/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2010-06016 In the Matter of Mariah Ruby Eberhardt. Michelle I. Esquenazi, etc., appellant; John Eberhardt, respondent. (Docket No. 18482/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated May 5, 2010, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.
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 it is further,
ORDERED that enforcement of the order dated May 5, 2010, is stayed, and pending hearing and determination of the appeal Mariah Ruby Eberhardt can continue to use the name Mariah Ruby Esquenazi-Eberhardt, on condition that the appeal is perfected on or before August 9, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 9, 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 respondent shall serve and file a brief, if any, on or before September 8, 2010; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before September 20, 2010; and it is further,
ORDERED that the appeal will be calendared after all of the briefs have been filed.
DILLON, J.P., SANTUCCI, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court