Matter of Ozdemir v Riley
Motion No: 2012-00046
Slip Opinion No: 2012 NY Slip Op 62466(U)
Decided on January 26, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M131590

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-00046, 2012-00047

In the Matter of Christina E. Ozdemir, etc.,

appellant, v Douglas J. Riley, respondent.

(Docket Nos. O-9058/11, V-10448-11/11A,

V-10449-11/11A)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Nassau County, dated December 8, 2011, and December 12, 2011, respectively, to stay the dismissal of the proceedings in the above-entitled matters and to stay the vacatur of a temporary order of protection dated September 19, 2011, 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 the motion is granted and the temporary restraining order contained in the order to show cause of this Court dated December 30, 2011, is continued pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 26, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 26, 2012, 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 Family Court, Nassau County, for entry of an order awarding the respondent appropriate supervised visitation with the subject children pending hearing and determination of the appeals.

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court