Spence-Burke v Burke
Motion No: 2015-07131
Slip Opinion No: 2015 NY Slip Op 82555(U)
Decided on August 24, 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

M197465

E/ct

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-07131

Bonnie Spence-Burke, appellant,

v Kevin Burke, respondent.

(Index No. 200192/10)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an interlocutory judgment of the Supreme Court, Nassau County, entered June 16, 2015, and, in effect, to continue the temporary custody and visitation schedule as set forth in the most recent so-ordered stipulation, pending hearing and determination of an appeal from the interlocutory judgment.

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 to stay enforcement of the interlocutory judgment is granted and, pending the hearing and determination of the appeal, the appellant shall have residential custody of the subject child, with the respondent having parenting time with the subject child in accordance with the most recent so-ordered stipulation in effect prior to the issuance of the interlocutory judgment; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court