Appellate Division: Second Judicial Department

M207959

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2014-00624, 2016-01321 In the Matter of Kate O'Connor-Gang, respondent, v Marco E. Munoz, appellant. (Docket No. F-5406-11/11A)

DECISION & ORDER ON MOTION

Motion by Marco E. Munoz for leave to appeal to this Court from two orders of the Family Court, Westchester County, dated December 16, 2013, and January 5, 2016, respectively, and to stay enforcement of so much of an order of the same court dated July 22, 2015, as directed him to pay child support arrears, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated December 16, 2013, is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated January 5, 2016, is denied as unnecessary as the order is appealable as of right (see Family Ct Act § 1112); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated July 22, 2015, as directed Marco E. Munoz to pay child support arrears is granted, and enforcement of so much of the order dated July 22, 2015, as directed Marco E. Munoz to pay child support arrears is stayed pending hearing and determination of the appeal from the order dated January 5, 2016, on condition that the appeal is perfected on or before April 11, 2016; and it is further,

ORDERED that in the event the appeal from the order dated January 5, 2016, is not perfected on or before April 11, 2016, 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.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court