| Goncalves v Goncalves |
| Motion No: 2012-05606 |
| Slip Opinion No: 2012 NY Slip Op 77841(U) |
| Decided on July 2, 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. |
Appellate Division: Second Judicial Department
M140070
E/sl
WILLIAM F. MASTRO, A.P.J.
THOMAS A. DICKERSON
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-05606 Patricia Goncalves, respondent, v John Goncalves, appellant. (Index No. 201662/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated May 10, 2012, as modifies the visitation schedule between the parties and prohibits the parties from removing, causing or permitting removal of their children from New York State, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the order as prohibits the parties from removing, causing, or permitting removal of their children from New York State is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 16, 2012, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 16, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or the attorney for the children may move to vacate the stay, on three days notice; and it is further,
ORDERED that during the period of time that this stay is in effect, before the children leave New York State, the party traveling with the children shall notify the other party of the address where the children will be staying and the telephone number at which the children may be reached; if the children will be outside New York State for one night or longer, the notification shall be given at least three days in advance; if the children will not be staying outside New York State overnight, the notification shall be given at least 24 hours in advance.
MASTRO, A.P.J., DICKERSON, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court