Appellate Division: Second Judicial Department

M119198

E/sl

JOSEPH COVELLO, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-03501, 2011-03503, 2011-03504 In the Matter of Michael A. Jones, petitioner, v Elizabeth Canales, respondent-respondent; Kerry Sloane Bassett, nonparty-appellant. (Docket No. V-5359-08/10B)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on appeals from a decision of the Family Court, Suffolk County, dated April 5, 2011, and two orders of the same court both dated April 7, 2011, inter alia, in effect, to continue residential custody of the subject child with the petitioner father, to direct that the respondent mother not have overnight visitation with the subject child or allow any contact between the subject child and the mother's paramour and his family, and to direct that neither parent remove the subject child from Nassau County or Suffolk County, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision dated April 5, 2011 (Appellate Division Docket No. 2011-03501), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co.,100 AD2d 509); and it is further,

ORDERED that the motion is granted to the extent that, pending hearing and determination of the appeals from the orders, residential custody of the subject child is continued with the petitioner father, the respondent mother shall not have overnight visitation with the subject child or allow any contact between the subject child and the mother's paramour and his family, and neither parent shall remove the subject child from Nassau County or Suffolk County on condition that the record or appendix on the appeals from the orders and the nonparty-appellant's brief shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before May 20, 2011; and it is further,

ORDERED that in the event the appeals from the orders are not perfected in accordance with the foregoing provision 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 respondent's brief, if any, shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before June 3, 2011; and it is further,

ORDERED that the nonparty-appellant's reply brief, if any, shall be filed and served on or before June 10, 2011; and it is further,

ORDERED that visitation, excluding overnight visitation, shall occur in accordance with any schedule which was in effect before the orders dated April 7, 2011, were issued; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., ENG, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court