| Matter of Kadyorios v Kirton |
| Motion No: 2014-06392 |
| Slip Opinion No: 2014 NY Slip Op 88752(U) |
| Decided on November 3, 2014 |
| 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
M182313
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
BETSY BARROS, JJ.
|
2014-06392 In the Matter of Shaine N. Kadyorios, petitioner- respondent, v Marcia Kirton, respondent, Tara Kirton, appellant. (Docket Nos. V-1357-07/14V, V-5-08/14V, V-1356-07/14Z)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County (IDV Part), dated June 10, 2014, and to stay enforcement of so much of the order as awarded custody of the subject child to the petitioner-respondent, 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 denied as unnecessary as the order is appealable as of right (see Family Ct Act §1112); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order as awarded custody of the subject child to the petitioner-respondent is granted, and enforcement of so much of the order dated June 10, 2014, as awarded custody of the subject child to the petitioner-respondent is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 1, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 1, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the petitioner-respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before December 22, 2014; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before January 5, 2015; and it is further,
ORDERED that the appellant shall have physical custody of the subject child during the period of time that this stay is in effect, and the matter is remitted to the Supreme Court, Kings County, for entry of an order awarding reasonable visitation to the petitioner-respondent during the period of time that this stay is in effect.
BALKIN, J.P., HALL, AUSTIN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court