In the Matter of a Custody/Visitation Proceeding Under Article 6 of the Family Court Act. Daniel B.

In the Matter of a Custody/Visitation Proceeding Under Article 6 of the Family Court Act. Daniel B.
Motion No: M-1653
Slip Opinion No: 2018 NYSlipOp 73602(U)
Decided on May 29, 2018
Appellate Division, First 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.



May 29, 2018

In the Matter of a Custody/Visitation

Proceeding Under Article 6 of the

Family Court Act.CONFIDENTIAL

- - - - - - - - - - - - - - Daniel B., Petitioner-Respondent, Docket Nos. V-34115-15/16C

V-45875/16

v

Oksana B.,

Respondent-Appellant.

- - - - - - - - - - - - - -

Andrew J. Baer, Esq.,

Attorney for the Child.

Andrew J. Baer, Esq., court attorney for the subject child, having moved on the child's behalf to dismiss the respondent-appellant-mother's appeal taken from an order of the Family Court, New York County, entered on or about April 21, 2017, which awarded the petitioner-respondent-father, custody of the subject child (M-1668), In the order at issue on this motion, Family Court found that respondent-appellant-mother has taken the child to the Ukraine and, despite court orders, not returned the child to the United States. Family Court found that it would be in the best interests of the child to reside with the petitioner-respondent-father in the United States and attend an English-language school, And respondent-appellant-mother, cross-moves (M-1653), seeking an enlargement of time to perfect her appeal taken from the aforesaid order, and opposes the subject child's motion to dismiss,Now, upon reading and filing the papers with respect to

the motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss (M-1668) is granted, unless respondent-appellant-mother's appeal is perfected for the September 2018 Term, And it is further ordered that the cross motion (M-1653) is granted to the extent of enlarging the time to perfect the appeal to the September 2018 Term. ENTERED: May 29, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Peter Tom Richard T. Andrias Troy K. Webber Marcy L. Kahn,Justices

M-1653

M-1668