Matter of Del Barrio v Carroll
Motion No: 2013-01662
Slip Opinion No: 2013 NY Slip Op 65803(U)
Decided on February 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M152047

T/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2013-01662

In the Matter of George Del Barrio, respondent,

v Myka Carroll, appellant.

(Docket No. V-00121-13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County (IDV Part), dated February 6, 2013, and to stay enforcement of the order pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for leave to appeal and to stay enforcement of the order are granted, and enforcement of the order is stayed pending hearing and determination of the appeal or a determination by the Supreme Court, Kings County, of the respondent's petition to modify custody, and the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court