Appellate Division: Second Judicial Department

M109295

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

SHERI S. ROMAN, JJ.

2010-09301 In the Matter of Juan E. Colon, etc., appellant, v Barbara M. Colon, respondent. (Docket No. O-5016/10)

DECISION & ORDER ON MOTION

Motion by Juan E. Colon for leave to appeal to this court from an order of the Family Court, Orange County, dated September 21, 2010, to stay enforcement of the order pending hearing and determination of the appeal, 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 and in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated September 21, 2010, is granted to the extent that enforcement of so much of the order as awarded temporary custody of Ashley Colon to the respondent is stayed and Ashley Colon shall remain in the appellant's temporary care and physical custody, pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 15, 2010, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 15, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously after all of the briefs have been filed.

DILLON, J.P., FLORIO, BALKIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court