Matter of Bustamante v Largue, formerly known as Bustaman
Motion No: 2012-05439
Slip Opinion No: 2012 NY Slip Op 78158(U)
Decided on July 6, 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

M140337

/ct

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-05439

In the Matter of Miguel Bustamante,

appellant, v Lisa Largue, formerly

known as Lisa Bustamante, respondent.

(Docket Nos. O-14037-10, V-05240-02,

V-05241-02)

DECISION & ORDER ON MOTION

Motion by Miguel Bustamante for leave to appeal to this Court from an order of the Family Court, Westchester County, dated May 2, 2012, and to stay so much of the order as returned residential custody of the subject children to the respondent pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see Family Ct Act §1112); and it is further,

ORDERED that the branch of the motion which is for a stay is granted and so much of the order as returned residential custody of the subject children to the respondent is stayed pending hearing and determination of the appeal.

DILLON, J.P., ANGIOLILLO, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court