| Greenfield v Greenfield |
| Motion No: 2013-08655 |
| Slip Opinion No: 2013 NY Slip Op 86459(U) |
| Decided on September 26, 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
M162947
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
THOMAS A. DICKERSON
L. PRISCILLA HALL, JJ.
|
2013-08655 Amy Van Prooyen Greenfield, respondent, v Van Greenfield, appellant. (Index No. 44059/10)
| DECISION & ORDER ON MOTION |
Motion by Van Greenfield for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated August 19, 2013, and, in effect, to stay the parties from litigating the issues of custody and visitation in the courts of the State of California, pending hearing and determination of the appeal.
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 leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is, in effect, to stay the parties from litigating the issues of custody and visitation in the courts of the State of California is granted, and the parties are stayed from litigating the issues of custody and visitation in the courts of the State of California pending hearing and determination of the appeal on condition that the record or appendix and the appellant's brief are filed in the office of the Clerk of the Court and served pursuant to CPLR 2103 (b)(1), (3), or (6) on or before October 28, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 28, 2013, as set forth above, 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; and it is further,
ORDERED that on the Court's own motion, the respondent and the attorney for the child must file and serve, pursuant to CPLR 2103 (b) (1), (3), or (6), their respective briefs, if any, on or before November 18, 2013; and it is further,
ORDERED that on the Court's own motion, the appellant must file and serve, pursuant to CPLR 2103 (b) (1), (3), or (6), his reply brief, if any, on or before November 25, 2013.
MASTRO, J.P., RIVERA, DICKERSON and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court