| Galanti v Kraus |
| Motion No: 2010-09732 |
| Slip Opinion No: 2010 NY Slip Op 86805(U) |
| Decided on November 1, 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
M110273
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-09732, 2010-09733 Robin Galanti, respondent, v Steven Kraus, appellant. (Index No. 246/07)
| DECISION & ORDER ON MOTION |
Motion by Steven Kraus for leave to appeal to this Court from an order of the Supreme Court, Putnam County, dated July 22, 2010 (Appellate Division Docket No. 2010-09732), to consolidate that appeal with an appeal from an order of the same court dated September 24, 2010 (Appellate Division Docket No. 2010-09733), and to stay enforcement of the orders pending hearing and determination 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 for leave to appeal to this Court from the order dated July 22, 2010 (Appellate Division Docket No. 2010-09732), is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated July 22, 2010, is denied; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated September 24, 2010 (Appellate Division Docket No. 2010-09733), is granted and the order dated September 24, 2010, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 1, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 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 during the period that this stay is in effect, the respondent's visitation with the subject child shall be conducted in accordance with the visitation provisions as set forth in the stipulation of settlement dated November 9, 2009, which was incorporated but not merged in the judgment of divorce dated March 12, 2010.
SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court