| Kahn v Kahn |
| Motion No: 2011-08022 |
| Slip Opinion No: 2011 NY Slip Op 85112(U) |
| Decided on September 28, 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
M126559
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2011-08022 Daniel S. Kahn, respondent, v Kim L. Kahn, appellant. (Index No. 11-103)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Orange County, dated September 1, 2011, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted, and enforcement of the order dated September 1, 2011, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 28, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 28, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Orange County, for entry of an order granting the respondent visitation with the subject children pending hearing and determination of the appeal.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court