| Matter of Ellis v Burke |
| Motion No: 2012-09131 |
| Slip Opinion No: 2013 NY Slip Op 83560(U) |
| Decided on August 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. |
Appellate Division: Second Judicial Department
M161410
J/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2012-09131 In the Matter of Bernard Ellis, appellant, v Lisa Burke, respondent. (Docket No. V-7794-12)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated October 5, 2012, for an order granting him final decision-making authority with respect to the subject child pending hearing and determination of the appeal, and to modify the parties' visitation schedule so that the appellant has visitation with the child from August 2, 2013 to August 4, 2013, and the respondent has visitation with the child from August 9, 2013, to August 11, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for an order granting the appellant final decision-making authority is denied as academic in light of the determination of the appeal (see Matter of Ellis v Burke, ___ AD3d ___ [2d Dept, July 31, 2013]); and it is further,
ORDERED that the branch of the motion which is to modify the parties' visitation schedule is denied as academic as the relevant dates have passed.
ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court