| Matter of Smith v De Paz |
| Motion No: 2012-08195 |
| Slip Opinion No: 2012 NY Slip Op 85409(U) |
| Decided on September 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. |
Appellate Division: Second Judicial Department
M143970
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
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2012-08195, 2012-08689 In the Matter of Delilah Smith, respondent, v Robert De Paz, appellant. (Proceeding No. 1) In the Matter of Robert De Paz, appellant, v Delilah Smith, respondent. (Proceeding No. 2) (Docket Nos. V-8375-11/12A, V-1319-12/12B, V-1319-12/12A)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this Court from two orders of the Family Court, Nassau County, both dated August 14, 2012, and to stay enforcement of the orders 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 from the order of commitment (Appellate Division Docket No. 2012-08689) is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order commitment is granted, and enforcement of that order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 26, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 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 branch of the motion which is for leave to appeal from the order, inter alia, awarding temporary custody of the subject child to the respondent is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order, inter alia, awarding temporary custody of the subject child to the respondent (Appellate Division Docket No. 2012-08195) is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order, inter alia, awarding temporary custody of the subject child to the respondent is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court