Matter of Cano v Bussey
Motion No: 2018-01278
Slip Opinion No: 2018 NY Slip Op 67038(U)
Decided on March 16, 2018
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

M247704

E/rr

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-01278

In the Matter of Madelyn Cano, appellant,

v Leroy Bussey, Jr., respondent.

(Index No. V-3272-14/16F)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings concerning custody and visitation with the subject child, pending hearing and determination of an appeal from an order of the Family Court, Westchester County, dated January 22, 2018.

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

ORDERED that the motion is granted and all proceedings concerning custody and visitation with the subject child are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 16, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 16, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or the attorney for the child 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 May 14, 2018; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before May 29, 2018; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court