| McAvoy v Hannigan |
| Motion No: 2012-05537 |
| Slip Opinion No: 2012 NY Slip Op 78762(U) |
| Decided on July 13, 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
M140654
E/sl
THOMAS A. DICKERSON, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-05537, 2012-05539 Annemarie McAvoy, respondent, v John Hannigan, appellant. (Index No. 9927/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from two orders of the Supreme Court, Queens County, entered February 23, 2012, and May 29, 2012, respectively, and to stay enforcement of so much of the order entered May 29, 2012, as transferred residential custody of the subject child to the respondent, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary, as the orders are appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order entered May 29, 2012, as transferred residential custody of the subject child to the respondent is granted, and enforcement of so much of the order entered May 29, 2012, as transferred residential custody of the subject child to the respondent is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 27, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 27, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or the attorney for the child may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondent shall have visitation with the subject child pursuant to any order or orders which were in effect prior to the order entered May 29, 2012; and it is further,
ORDERED that on the Court's own motion, the respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before September 26, 2012; and it is further,
ORDERED that on the Court's own motion, the appellant shall serve and file his reply brief, if any, on or before October 9, 2012.
DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court