Appellate Division: Second Judicial Department

M233631

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-06114 Susan Christenson, respondent, v Stephen J. Jones, appellant. (Index No. 3778/15)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated April 11, 2017, and to stay enforcement of so much of the order as enjoined him from visiting with the minor children, pending hearing and determination of an appeal from the order, and, in effect, to modify an order of the same court dated November 22, 2016.

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

ORDERED that the branch of the motion which is for leave to appeal to this Court from so much of the order as directed a hearing on the issue of contempt is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from so much of the order as enjoined the appellant from visiting with the minor children is denied as unnecessary as that portion of the order is appealable as of right; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as enjoined the appellant from visiting with the minor children is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 2, 2017; and it is further,

ORDERED that visitation between the appellant and the minor children shall continue as permitted by the order of the Supreme Court, Westchester County, dated November 22, 2016, or further order of the Supreme Court; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 2, 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 branch of the motion which is, in effect, to modify the order dated November 22, 2016, is denied without prejudice to seeking relief in the Supreme Court, Westchester County; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court