Appellate Division: Second Judicial Department

M225177

E/ct

RANDALL T. ENG, P.J.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2016-13168 In the Matter of John Nixon, respondent, v Diana Ferrone, appellant. (Docket Nos. V-19463-14/14A, V-19463-14/15B)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated December 5, 2016, and, in effect, to continue the care and physical custody of the subject child with her, pending hearing and determination of an 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 enforcement of the order dated December 5, 2016, is stayed and the care and physical custody of the subject child is continued with the appellant, with continued visitation to the respondent, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 31, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 31, 2017, 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 the respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before April 21, 2017; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before May 1, 2017.

ENG, P.J., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court