| Matter of Yearwood v Yearwood |
| Motion No: 2010-11265 |
| Slip Opinion No: 2010 NY Slip Op 91155(U) |
| Decided on December 17, 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
M112804
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-11265 In the Matter of Anwar F. Yearwood, appellant, v Tara M. Wilson Yearwood, respondent. (Docket No. V-3817/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Family Court, Nassau County, dated November 24, 2010, to stay enforcement of the order, and to reinstate a certain temporary order of custody, pending hearing and determination of an appeal from the order dated November 24, 2010, and for a temporary restraining order barring the respondent from interfering with his care and custody of the subject child.
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 denied as unnecessary as the order is appealable as of right (see Family Ct Act 1112[a]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order, and to reinstate a certain temporary order of custody is granted to the extent that enforcement of the order dated November 24, 2010, is stayed, and physical custody of the subject child shall continue with the appellant, pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 14, 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 February 14, 2011, 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 matter is remitted to the Family Court, Nassau County, for entry of an order granting the respondent supervised visitation with the subject child pending hearing and determination of the appeal; until the Family Court, Nassau County, issues this order, visitation shall occur in accordance with any schedule which was in effect before the order dated November 24, 2010, was issued; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., DICKERSON, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court