Van Dooijeweert v Takano
Motion No: 2013-10112
Slip Opinion No: 2013 NY Slip Op 92141(U)
Decided on November 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M165675

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-10112

Peter Van Dooijeweert, appellant,

v Kumi Takano, respondent.

(Index No. 12-2463)

DECISION & ORDER ON MOTION

Motion by Peter Van Dooijeweert, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, entered October 29, 2013, and to stay enforcement of the order, pending hearing and determination of the appeal.

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 is granted to the extent that a third-party nonrelative may spend the night in a party's residence, while the children are staying at that party's residence, if the third-party nonrelative spends the night in a separate bedroom from that party and the children, pending hearing and determination of the appeal or further order of the Supreme Court, Westchester County, whichever occurs first; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court