PRESENT: WHALEN, P.J., SMITH, CARNI, LINDLEY, AND SCUDDER, JJ.

APPELLATE DIVISION DOCKET NO. CAF 15-02137
DOCKET NOS. V-04887-15/15A, V-04977-15/15B

MATTER OF HEATHER L. MAURO, PETITIONER-RESPONDENT, V BRIAN MAURO, RESPONDENT-APPELLANT.

Respondent having moved by order to show cause for permission to appeal from an order of the Family Court, Oneida County, entered in the office of the Clerk of said Court on December 15, 2015, and for a stay of enforcement of the order pending the determination of the appeal,

Now, upon reading and filing the affidavits of Brian Mauro, sworn to December 8, 2015, and January 15, 2016, the affirmation of Douglas M. DeMarchÉ, Jr., Esq., dated December 15, 2015, the order to show cause with proof of service thereof, the affirmation of Julie Giruzzi-Mosca, Esq., dated January 14, 2016, the affirmation of Jessica Reynolds-Amuso, Esq., dated January 14, 2016, and the affidavit of Heather Mauro, sworn to January 14, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to appeal is granted, and

It is further ORDERED that the appeal be perfected on or before March 21, 2016, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks a stay of enforcement of the order of Family Court entered December 15, 2015, pending the determination of the appeal, is granted to the extent that the portion of the first ordering paragraph granting primary physical residence of the children to petitioner-respondent is stayed, and the second and third ordering paragraphs are stayed, and

It is further ORDERED that the seventh through fourteenth ordering paragraphs of the order of Family Court entered December 15, 2015, shall remain in full force and effect, upon agreement of the parties, pending the determination of the appeal.

Entered: January 21, 2016

FRANCES E. CAFARELL, Clerk