| Matter of S. (Anonymous) v H. (Anonymous) |
| Motion No: 2010-11885 |
| Slip Opinion No: 2011 NY Slip Op 63354(U) |
| Decided on February 7, 2011 |
| 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
M115078
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2010-11885 In the Matter of Marilene S. (Anonymous), respondent, v David H. (Anonymous), appellant. (Docket No. P-13160/07)
| DECISION & ORDER ON MOTION |
Motion by David H. to stay enforcement of so much of an order of the Family Court, Westchester County, dated December 6, 2010, as directed him to submit to genetic maker tests pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order dated December 6, 2010, is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the motion is granted, and enforcement of so much of the order as directed the appellant to submit to genetic maker tests is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 9, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 9, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ANGIOLILLO, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court