Appellate Division: Second Judicial Department

M150037

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA HINDS-RADIX, JJ.

2013-00411 Avely Hart, appellant, v Susan B. Hart, respondent. (Index No. 320/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to allow him to retain residential custody of the subject child pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 21, 2012, and for a preference in the calendaring of the appeal.

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 pending hearing and determination of the appeal residential custody of the subject child shall remain with the appellant, on condition that the appeal is perfected on or before February 21, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 21, 2013, 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 matter is remitted to the Supreme Court, Queens County, for entry of an order forthwith providing visitation to the respondent pending hearing and determination of the appeal; and it is further,

ORDERED that the respondent and the attorney for the subject child shall serve and file their respective briefs, if any, on or before March 25, 2013; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before April 4, 2013; and it is further,

ORDERED that the appeal shall be calendared after all of the briefs have been filed.

DILLON, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court