Matter of Wagner v Villegas
Motion No: 2017-04662
Slip Opinion No: 2017 NY Slip Op 94459(U)
Decided on December 6, 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

M242537

E/ct

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-04662

In the Matter of Kazel Wagner, respondent,

v John Villegas, respondent-appellant; Karissa

V. (Anonymous), et al., nonparty-appellants.

(Docket Nos. V-4556-04/16L, V-4557-04/16L,

V-4556-04/17M, V-4557-04/17M)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay enforcement of an order of the Family Court, Orange County, dated April 12, 2017, to return the subject children to his legal custody, and to continue the terms of a stipulation between the parties dated September 19, 2014, pending hearing and determination of appeals from the order, and to enlarge the time to perfect the appeals.

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 it is further,

ORDERED that enforcement of the order dated April 12, 2017, is stayed, legal custody of the subject children is returned to the respondent-appellant, and the terms of the stipulation dated September 19, 2014, are continued, pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 3, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 3, 2018, the Court, own 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 physical custody of the subject children is to be transferred to the respondent-appellant at the conclusion of school prior to the December 2017 break but no later than December 22, 2017; and it is further,

ORDERED that time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing the appellants' respective briefs on the appeals is enlarged until January 3, 2018.

MASTRO, J.P., BALKIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court