Appellate Division: Second Judicial Department

M218341

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2016-09129 In the Matter of Alexandra Tofalli, respondent, v Niki Sarrett, appellant; Tyler S. (Anonymous), et al., nonparty-appellants. (Proceeding No. 1) In the Matter of Niki Sarrett, appellant, v Alexandra Tofalli, respondent; Tyler S. (Anonymous), et al., nonparty-appellants. (Proceeding No. 2) (Docket Nos. V-12800-15, V-12801-15, V-12802-15 V-15248-15, V-15249-15, V-15250-15)

DECISION & ORDER ON MOTION ,

Motion by the nonparty-appellants to stay enforcement of an order of the Family Court, Suffolk County, dated August 11, 2016, pending hearing and determination of appeals therefrom.

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 enforcement of the order is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 18, 2016; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 18, 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; and it is further,

ORDERED that during the period of time the stay is in effect, the subject children shall continue to reside with Alexandra Tofalli from Sunday through Tuesday and with Niki Sarrett from Thursday through Saturday, with the parties continuing to alternate residence of the children on Wednesdays, in accordance with their pre-petition arrangement.

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

ENTER:

Aprilanne Agostino

Clerk of the Court