Matter of Wofford v Marquardt
Motion No: 2012-01769
Slip Opinion No: 2012 NY Slip Op 72881(U)
Decided on May 10, 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

M137524

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-01769

In the Matter of Christopher Wofford, respondent,

v Tatiana Marquardt, appellant.

(Docket Nos. V-24843-09/10A, V-24843-09/11B)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated January 24, 2012, to allow her to remain with the subject child in the State of California, pending hearing and determination of the appeal.

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 appellant is allowed to remain with the subject child in the State of California, pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 25, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 25, 2012, the Court, on its own motion, may vacate the foregoing provision, without further notice, or the respondent may move to vacate that provision, on three days notice; and it is further,

ORDERED that the respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before July 25, 2012; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before August 6, 2012; and it is further,

ORDERED that the matter is remitted to the Family Court, Kings County, for entry of an order providing the respondent with appropriate visitation with the subject child pending hearing and determination of the appeal.

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court