Matter of Heitmann v Heitmann
Motion No: 2017-06092
Slip Opinion No: 2017 NY Slip Op 79638(U)
Decided on July 12, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M234276

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-06092

In the Matter of Deirdre M. Heitmann,

appellant, v Gregory K. Heitmann, respondent.

(Docket No. O-5673-16)

DECISION & ORDER ON MOTION

Motion by Deirdre M. Heitmann for leave to appeal to this Court from an order of the Family Court, Dutchess County, dated May 15, 2017, to stay enforcement of the order pending hearing and determination of the appeal, and to enlarge the record to include certain documents.

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

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directs that the children shall primarily reside with Gregory K. Heitmann is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court