Appellate Division: Second Judicial Department

M184606

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2014-10601 Michelle Garnet Rhodes, appellant, v John Mark Rhodes, respondent. (Index No. 35758/06)

DECISION & ORDER ON MOTION

Motion by Michelle Garnet Rhodes for leave to appeal to this Court from an order to show cause of the Supreme Court, Suffolk County, dated October 31, 2014, and, inter alia, to stay enforcement of a temporary restraining order contained in the order to show cause which directed that the respondent father have residential custody of the subject child, Dalton, 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 temporary restraining order contained in the order to show cause which directed that the respondent father have residential custody of the subject child is granted, and enforcement of that temporary restraining order is stayed pending either (1) hearing and determination of the appeal, (2) determination by the Supreme Court of the motion initiated by an order to show cause of the Supreme Court, Suffolk County, dated May 31, 2013, or (3) determination by the Supreme Court of the motion initiated by the order to show cause dated October 31, 2014, whichever occurs first; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., RIVERA, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court