Appellate Division: Second Judicial Department

M216988

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2016-08020 Jeanette Sternberg-Kennedy, respondent, v Douglas Kennedy, appellant. (Index No. 52341/14)

DECISION & ORDER ON MOTION

Motion by Douglas Kennedy for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated July 26, 2016, and to stay enforcement of so much of the order as granted the respondent permission "to move 30 driving miles from New York City" pending hearing and determination of the appeal from the order.

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 enforcement of so much of the order as granted the respondent permission "to move 30 driving miles from New York City" is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 24, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 24, 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.

DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court