| Matter of Morgan v Spence |
| Motion No: 2015-05323 |
| Slip Opinion No: 2015 NY Slip Op 78513(U) |
| Decided on July 8, 2015 |
| 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
M195253
E/ct
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2015-05323 In the Matter of Natoya Morgan, respondent, v George Spence, appellant. (Docket No. F-4552-07/14L)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated June 18, 2015, pending hearing and determination of an appeal therefrom.
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 motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 8, 2015; and it is further,
ORDERED that upon receipt of a copy, certified, if required, of this decision and order on motion, the Warden of the facility at which the appellant is incarcerated, or the Warden's agent, is directed to immediately release the appellant; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 8, 2015, 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.
DILLON, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court