Appellate Division: Second Judicial Department

M254461

E/rr

MARK C. DILLON, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-09534 In the Matter of Jason Lawrence, appellant, v Brittany J. Mattry, respondent. (Docket No. V-13845-18)

DECISION & ORDER ON MOTION

Motion by Jason Lawrence for leave to appeal to this Court from an order of the Family Court, Kings County, dated August 3, 2018, and, in effect, to direct that the subject child be returned to the State of New York pending hearing and determination of the appeal from the order.

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 for leave to appeal to this Court from the order dated August 3, 2018, is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, to direct that the subject child be returned to the State of New York is granted, the mother shall immediately return the subject child to the father's place of residence in the State of New York, Kings County, pending hearing and determination of the appeal or determination by the Family Court, Kings County, following a hearing set to commence on September 12, 2018, as to whether the subject child should remain in the State of New York, whichever occurs first.

DILLON, J.P., COHEN, DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court