| Bressler v Bressler |
| Motion No: 2013-04621 |
| Slip Opinion No: 2013 NY Slip Op 73704(U) |
| Decided on May 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
M156126
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2013-04621 Barry Bressler, respondent, v Maria L. Bressler, appellant. (Index No. 56097/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated April 12, 2013, and to retain physical custody of the subject child, pending hearing and determination of an appeal from the order, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order and for the appellant to retain custody of the subject child is granted to the extent that enforcement of the order is stayed until June 29, 2013, and the appellant shall retain physical custody of the subject child until June 29, 2013, and that branch of the motion is otherwise denied; and it is further,
ORDERED that, until June 29, 2013, the respondent shall exercise visitation with the subject child in accordance with the terms of any order in effect prior to the issuance of the order dated April 12, 2013, and the appellant shall make the child available for pick up by the respondent at 9:00 a.m. on June 29, 2013, at a location agreed upon by the parties or a location selected by the attorney for the child if the parties cannot agree on a location; and it is further,
ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel are denied, with leave to renew on or before June 10, 2013, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.
MASTRO, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court