Appellate Division: Second Judicial Department

M218309

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2016-05986, 2016-06608, 2016-07858 Michael Palmeri, appellant, v Cindy Palmeri, respondent. (Index No. 28520/09)

DECISION & ORDER ON MOTION

2016-09316

Cindy Palmeri, respondent,

v Michael Palmeri, appellant.

(Index No. 2578/16)

Motion by the appellant on appeals from three orders of the Supreme Court, Westchester County, dated May 19, 2016, July 18, 2016, and August 17, 2016, respectively, and a money judgment of the same court dated May 25, 2016, to stay enforcement of stated portions of the orders pending hearing and determination of the appeals and for a preference in the calendaring of the appeals.

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

ORDERED that on the Court's own motion, the appeal from the order dated August 17, 2016, is dismissed, without costs or disbursements, as no appeal lies from an ex parte order (see CPLR 5701; 5704); and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated July 18, 2016, as set forth a schedule of parental access for the respondent with the subject children is stayed pending hearing and determination of the appeals from the orders dated May 19, 2016, and July 18, 2016, and the money judgment, and the motion is otherwise denied ; and it is further,

ORDERED that during the period of time that the above-referenced stay is in effect, the respondent shall have parental access with the subject children in accordance with the schedule set forth in an order of the Supreme Court, Westchester County, dated October 6, 2014, in the above-entitled action under Index No. 28520/09.

DILLON, J.P., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court