Appellate Division: Second Judicial Department

M162407

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-08218 In the Matter of Dawn Rodriguez, petitioner, v Rodolfo Rodriguez, respondent-respondent; Devon Rodriguez, appellant. (Docket No. V-1673-13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Rockland County, dated August 2, 2013, pending hearing and determination of an appeal therefrom, to direct the Family Court, Rockland County, to conduct a hearing "on the issue of the existence of an emergency situation or imminent danger of harm or abuse" to the appellant, and to direct that the transcript of the in camera interview with the appellant be provided to the Court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that temporary physical custody of the appellant shall remain with the mother pending either hearing and determination of the appeal by this Court or a determination of the issue of whether the appellant "is in imminent risk of harm" by either the Family Court, Rockland County, or a court in the State of Florida, whichever occurs first; and it is further,

ORDERED that the branch of the motion which is to direct that the transcript of the in camera hearing be provided to this Court is denied with leave to renew upon perfection of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court