Appellate Division: Second Judicial Department

M145351

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-09131 In the Matter of Bernard L. Ellis, appellant, v Lisa Burke, respondent. (Docket No. V-7794-12/12A)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Westchester County, dated October 5, 2012, as transferred physical custody of the subject child to the respondent, 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 and in relation thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order as transferred physical custody of the subject child to the respondent is stayed and physical custody of the subject child is continued with the appellant pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 18, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 18, 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 respondent's visitation with the subject child shall be in accordance with any orders in effect prior to the entry of the order dated October 5, 2012.

DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court