Appellate Division: Second Judicial Department

M105984

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

ARIEL E. BELEN, JJ.

2010-06318 In the Matter of Sonia M. Moran, appellant, v Rafael Cortez, respondent. (Docket No. V-16200/07, V-16387/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated June 17, 2010, pending hearing and determination of an appeal therefrom.

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 pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 21, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 21, 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, Queens County, for entry of an order granting the respondent visitation with the subject child pending hearing and determination of the appeal; until the Family Court, Queens County, issues this order, visitation shall occur in accordance with any schedule which was in effect before the order dated June 17, 2010, was issued.

DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court