Matter of Fernandez v Luciano
Motion No: 2015-12339
Slip Opinion No: 2016 NY Slip Op 60908(U)
Decided on January 12, 2016
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

M204644

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-12339

In the Matter of Melissa Fernandez,

appellant, v Gilbert Luciano, respondent.

(Docket Nos. V-20372-04/15S, V-17648-04/15U)

DECISION & ORDER ON MOTION

Motion by Melissa Fernandez for leave to appeal to this Court from an order to show cause of the Family Court, Queens County, dated December 10, 2015, and to stay all visitation between Gilbert Luciano and the subject child, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that all visitation between Gilbert Luciano and the subject child is stayed, pending either hearing and determination of the appeal or determination by the Family Court, Queens County, of the motion brought by the order to show cause dated December 10, 2015, whichever occurs first.

RIVERA, J.P., SGROI, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court