| Agulnick v Agulnick |
| Motion No: 2019-00764 |
| Slip Opinion No: 2019 NY Slip Op 62947(U) |
| Decided on February 8, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M260044
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2019-00764 Marc Agulnick, appellant, v Adrienne Agulnick, respondent. (Index No. 202374/18)
| DECISION & ORDER ON MOTION |
2019-00765
Marc Agulnick, appellant,
v Adrienne Agulnick, respondent.
(Index No. 202374/18)
Motion by the appellant to stay enforcement of two orders of the Supreme Court, Kings County, one dated December 13, 2018, and one entered January 15, 2019, respectively, and to direct that the appellant continue to comply with a temporary order of protection of the same court dated November 8, 2018, and a temporary order of parenting time of the same court also dated November 8, 2018, pending hearing and determination of appeals from the orders dated December 13, 2018, and entered January 15, 2019, to consolidate the appeals from the orders dated December 13, 2018, and entered January 15, 2019, for a preference in the calendaring of those appeals, and to recuse the Justice presiding in the Supreme Court, Kings County.
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 to stay enforcement of the orders dated December 13, 2018, and entered January 15, 2019, respectively, and to direct that the appellant continue to comply with a temporary order of protection of the same court dated November 8, 2018, and a temporary order of parenting time of the same court also dated November 8, 2018, is granted, and enforcement of the orders dated December 13, 2018, and entered January 15, 2019, is stayed and the appellant shall continue to comply with the temporary order of protection dated November 8, 2018, and the temporary order of parenting time also dated November 8, 2018, pending hearing and determination of the appeals from the orders dated December 13, 2018, and entered January 15, 2019; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court