| Matter of Ellis v Burke |
| Motion No: 2012-09131 |
| Slip Opinion No: 2013 NY Slip Op 61374(U) |
| Decided on January 14, 2013 |
| 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
M149538
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, in effect, to amend so much of a decision and order on motion of this Court dated October 19, 2012, as conditioned a stay of enforcement of so much of the order as transferred physical custody of the subject child to the respondent upon the perfection of the appeal on or before December 18, 2012. Cross motion by the respondent to vacate the stay.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the decision and order on motion of this Court dated October 19, 2012, is amended by deleting from the decretal paragraphs thereof the date "December 18, 2012," and substituting therefor the date "March 15, 2013"; and it is further,
ORDERED that the cross motion is denied without prejudice to renew in the event the appeal is not perfected on or before March 15, 2013.
DILLON, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court