Appellate Division: Second Judicial Department

M220495

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2016-10200, 2016-10201 In the Matter of Travis D. Williams, petitioner- respondent, v Sharon L. Williams, respondent; Empress W. (Anonymous), nonparty-appellant. (Docket No. V-19467-15)

DECISION & ORDER ON MOTION

Motion by Empress W. for leave to appeal to this Court from two orders of the Family Court, Kings County, both dated September 13, 2016, and to stay enforcement of so much of the order dated September 13, 2016, as awarded Travis D. Williams "solo time with the subject child" during observation and evaluation visits, and so much of the order dated September 13, 2016, as awarded Travis D. Williams "solo time with the subject child for an hour during each [observation and evaluation] visit," pending hearing and determination of the appeals.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of so much of the order dated September 13, 2016, as awarded Travis D. Williams "solo time with the subject child" during observation and evaluation visits and so much of the order also dated September 13, 2016, as awarded Travis D. Williams "solo time with the subject child for an hour during each [observation and evaluation] visit" is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), Empress W. shall perfect the appeals in the above-entitled proceeding within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, Empress W. shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact him/her at 718-722-6488 with any questions.