Matter of Darcy v Darcy
Motion No: 2015-05898
Slip Opinion No: 2015 NY Slip Op 80279(U)
Decided on July 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M196348

E/ct

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-05898

In the Matter of Michele A. Darcy, respondent,

v Donald D. Darcy, appellant.

(Index No. F-6375-12/14D)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Westchester County, dated June 4, 2015, pending hearing and determination of an appeal therefrom, and to direct his release from incarceration.

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; and it is further,

ORDERED that the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant upon receipt of a copy, certified, if required, of this decision and order on motion.

HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court