Appellate Division: Second Judicial Department

M111577

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2010-10230 In the Matter of Laurie J. Muller, appellant, v Robert J. Castagnola, respondent. (Docket No. O-10190/10)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated October 19, 2010, inter alia, to reinstate a temporary order of protection dated September 28, 2010, pending hearing and determination of the appeal, and for poor person relief.

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 reinstate the temporary order of protection dated September 28, 2010, is granted, and the temporary order of protection shall remain in effect pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 31, 2011, 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 January 31, 2011, 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 branch of the motion which is for poor person relief is denied, with leave to renew on or before December 14, 2010, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets and expenses; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court