Appellate Division: Second Judicial Department

M200304

S/ct

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-09556 In the Matter of Clare Nuccio, respondent, v Michael J. Grace, appellant. (Docket No. V-08455-03)

DECISION & ORDER ON MOTION

Motion by Michael J. Grace for leave to appeal to this Court from an order of the Family Court, Suffolk County, dated September 30, 2015, to stay enforcement of the order and to direct that the subject child continue to reside in Suffolk County 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 motion is granted, enforcement of the order dated September 30, 2015, is stayed and the subject child shall continue to reside in Suffolk County, pending hearing and determination of the appeal or pending a final determination by the Family Court, Suffolk County, on the issues of custody and visitation; and it is further,

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

CHAMBERS, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court