| Matter of Modafferi v Olmeda |
| Motion No: 2016-07394 |
| Slip Opinion No: 2016 NY Slip Op 81776(U) |
| Decided on August 5, 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. |
Appellate Division: Second Judicial Department
M216025
E/afa
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2016-07394 In the Matter of Theresa Modafferi, appellant, v Frank Olmeda, respondent. (Docket No. V-9376-13/16C)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated July 6, 2016, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that the motion is granted to the extent that enforcement of so much of the order as awarded temporary custody of the subject child to the respondent is stayed pending hearing and determination of the appeal or further order of the Family Court, Suffolk County, whichever occurs first, and the motion is otherwise denied.
RIVERA, J.P., DICKERSON, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court