PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.

APPELLATE DIVISION DOCKET NO. CAF 11-01577
DOCKET NO. V-02038-08-10D

MATTER OF LINDA M. ALLEN, PETITIONER-RESPONDENT, V SUSAN FIEDLER, RESPONDENT-APPELLANT.

An appeal having been taken herein from an order of the Family Court, Chautauqua County, entered in the Office of the Clerk of said Court on August 9, 2011, and respondent-appellant having moved for an extension of the stay granted by order of this Court entered September 12, 2011, and for other relief,

Now, upon reading and filing the affidavit of Terri L. LoTempio, Esq., sworn to November 17, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that petitioner-respondent is enjoined from enforcing the order of Family Court entered June 24, 2011, and the subject child, Olivia M.A., shall remain in the custody of respondent-appellant, pending the determination of the appeal, on condition that the appeal is perfected on or before February 10, 2012, and

It is further ORDERED that if so perfected, the appeal shall be placed on the calendar for the term of Court commencing May 14, 2012.

Entered: December 5, 2011

PATRICIA L. MORGAN, Clerk