Appellate Division: Second Judicial Department

M248860

E/afa

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2018-02627 In the Matter of Wilson Toro, appellant, v Tekoa Williams, respondent. (Docket No. V-1140-16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Family Court, Richmond County, dated January 29, 2018, as awarded sole physical and legal custody of the subject child to the respondent, to award him sole physical and legal custody of the subject child, and to stay all proceedings in the above-entitled matter, pending hearing and determination of an appeal from the order, and for leave to prosecute the appeal on the original record.

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 to stay enforcement of so much of the order dated January 29, 2018, as awarded sole physical and legal custody of the subject child to the respondent, to award the appellant sole physical and legal custody of the subject child, and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original record is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]).

RIVERA, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court