Appellate Division: Second Judicial Department

M159289

E/sl

THOMAS A. DICKERSON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-06119 Shelly Irizarry, appellant, v Richard Irizarry, respondent. (Index No. 4255/09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated May 21, 2013, to stay enforcement of the order as well as all proceedings in the above-entitled action pending hearing and determination of the appeal from the order, for a preference in the calendaring of the appeal, and for leave to file an oversized brief.

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

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order as well as all proceedings in the above-entitled action is granted to the extent that enforcement of the order is stayed except for the portion of the order that awards visitation to the respondent on alternate weekends which shall remain enforceable, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 14, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 14, 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.

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized brief is denied without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e).

DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court