In the Matter of Starla D. v Jeremy E.

Motion No: #512981

Slip Opinion No: 2011 NY Slip Op 84618(U)

Decided on September 20, 2011

Appellate Division, Third 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.

Decided and Entered: September 20, 2011

Case #512981

In the Matter of STARLA D., Respondent, v JEREMY E., Appellant.

DECISION AND ORDER ON MOTION

Motion for permission to appeal to this Court from order of Saratoga County Family Court entered August 25, 2011 and for stay pending appeal.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to appeal is granted, without costs, and it is further

ORDERED that the motion for a stay pending appeal is referred to Justice Lahtinen, who makes the following decision: Motion granted, without costs, and without prejudice to a motion by respondent to vacate the stay in the event that appellant fails to perfect the appeal on or before October 24, 2011. Respondent's brief shall be filed and served on or before November 23, 2011. A reply brief, if any, shall be filed and served on or before December 5, 2011. The appeal is set down for the January 2012 term of this Court.
ROSE, J.P., LAHTINEN, MALONE JR., KAVANAGH and EGAN JR., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court