Matter of Shields v Shields
Motion No: 2018-07599
Slip Opinion No: 2018 NY Slip Op 79385(U)
Decided on August 2, 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

M253421

E/mm

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-07599, 2018-07600

In the Matter of John Scott Shields, respondent,

v Viktoriya Shields, appellant.

(Docket No. V-4723-12/18A)

DECISION & ORDER ON MOTION

Motion by Viktoriya Shields, inter alia, for leave to appeal to this Court from so much of two orders of the Family Court, Nassau County, both dated June 25, 2018, as granted temporary custody of the subject child to John Scott Shields, to stay enforcement of those portions of the orders, pending hearing and determination of appeals from those portions of the orders, and to consolidate 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 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 orders as granted temporary custody of the subject child to John Scott Shields is granted and so much of the orders as granted temporary custody of the subject child to John Scott Shields is stayed either pending hearing and determination of the appeals or further order of the Family Court, Nassau County, following a hearing on the issue of the best interests of the subject child, whchever occurs first; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals are consolidated; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., CHAMBERS, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court