NICOLE MILLER V DAVID MILLER
Motion No: CA 16-00174
Slip Opinion No: 2016 NY Slip Op 66241(U)
Decided on February 29, 2016
Appellate Division, Fourth 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.


February 29, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND SCUDDER, JJ.

DOCKET NO. CA 16-00174

NICOLE MILLER, PLAINTIFF-RESPONDENT,

V

DAVID MILLER, DEFENDANT-RESPONDENT.



GARY MULDOON, ESQ., ATTORNEY FOR THE CHILDREN,

APPELLANT.


Attorney for the Child having moved, upon the return of an order to show cause granted by the Honorable Henry J. Scudder on February 2, 2016, for a stay of an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 1, 2016, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmations of Gary Muldoon, Esq., dated February 2, 2016 and February 24, 2016, the affidavit of Alison C. Bates, Esq., sworn to February 1, 2016, and February 24, 2016, the affidavit of Michael D. Schmitt, Esq., sworn to February 16, 2016,

said show cause order with proof of service thereof, and the affirmations of Maureen A. Pineau, Esq., dated February 13, 2016, and February 22, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and all proceedings to enforce the order entered February 1, 2016, are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before April 11, 2016, and

It is further ORDERED that, if the appeal is perfected by April 11, 2016, respondent's briefs shall be filed and served on or before May 11, 2016, and

It is further ORDERED that if the appeal is so perfected, the matter shall be added to the term of this Court commencing June 20, 2016, and taken on submission only.

Entered: February 29, 2016

Frances E. Cafarell, Clerk