| Greco v Greco |
| Motion No: 2014-09651 |
| Slip Opinion No: 2014 NY Slip Op 89283(U) |
| Decided on November 10, 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
M182567
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2014-09651 Kathleen M. Greco, appellant, v Michael A. Greco, respondent. (Index No. 7939/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Orange County, dated September 3, 2014, and, in effect, to stay enforcement of so much of the order as directs the appellant's daughter to remove herself from the marital residence, directs the appellant to be present at all times when the appellant's daughter is at the marital residence overnight, and directs that the appellant must sleep at the marital residence when her daughter sleeps there, pending hearing and determination of the appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of so much of the order as directs the appellant's daughter to remove herself from the marital residence, directs the appellant to be present at all times when the appellant's daughter is at the marital residence overnight, and directs that the appellant must sleep at the marital residence when her daughter sleeps there is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 10, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 10, 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 respondent shall serve and file a brief, if any, on or before January 9, 2015; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before January 26, 2015.
DILLON, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court