Appellate Division: Second Judicial Department

M253974

E/mm

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-08623 Rivka Cohen, appellant-respondent, v Tzvi Cohen, respondent-appellant. (Index No. 3/17)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay enforcement of stated portions of an order of the Supreme Court, Rockland County, dated May 31, 2018, pending hearing and determination of an appeal and a cross appeal from the order.

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

ORDERED that on the Court's own motion, the notice of appeal and notice of cross appeal from the order are deemed to be a premature notice of appeal and premature notice of cross appeal from a judgment of the Supreme Court, Rockland County, entered July 18, 2018 (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated May 31, 2018, as grants the respondent-appellant two weeks of visitation with the subject children during July and August is stayed and the respondent-appellant's pickup for the subject children from school shall occur at the corner of Fox Lane and Blueberry Hill, Monsey, New York, pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before September 27, 2018, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 27, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-appellant may move to vacate the stay, on three days notice.

SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court