Appellate Division: Second Judicial Department

M170585

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2014-01150 In the Matter of Raymond G. (Anonymous), appellant; Mary Ann Walsh-Tozer, respondent. (Index No. 2310/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Rockland County, dated January 13, 2014, as directs the impoundment of "the vehicle, if any, operated by or in the possession" of the appellant and to stay the respondent or agents acting on her behalf from seeking police assistance in impounding the subject motor vehicle pursuant to the order dated January 13, 2014, pending hearing and determination of an appeal from the order dated January 13, 2014, and for leave to prosecute the appeal on the original papers.

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 so much of the order dated January 13, 2014, as directs the impoundment of "the vehicle, if any, operated by or in the possession" of the appellant and to stay the respondent or agents acting on her behalf from seeking police assistance in impounding the subject motor vehicle pursuant to the order dated January 13, 2014, is granted, and enforcement of that portion of the order is stayed and the respondent or agents acting on her behalf are stayed from seeking police assistance in impounding the subject motor vehicle pursuant to the order dated January 13, 2014, pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 4, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 4, 2014, 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 the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court