Appellate Division: Second Judicial Department

M200593

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-09349 Joseph Paese, appellant, v Janamarie Paese, respondent. (Index No. 2756/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, entered October 2, 2015, to stay enforcement of the order as well as the trial relating to his access schedule with the child Isabella and financial issues, and to continue his access with Isabella in accordance with the schedule set forth in an order of the same court dated September 22, 2015, pending determination of certain appeals by the Court of Appeals, and to hold the appeal in abeyance pending determination of certain appeals by the Court of Appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that leave to appeal to this Court from the the order entered October 2, 2015, is granted and enforcement of that order as well as the trial relating to the appellant's access schedule with the child Isabella and financial issues are stayed pending hearing and determination of the appeal and the appellant shall continue his access with Isabella in accordance with the schedule set forth in the order of the Supreme Court, Westchester County, dated September 22, 2015, on condition that the appeal is perfected on or before December 10, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 10, 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.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court