MATTER OF GREGORY J. LEE V NICOLE C. LEE
Motion No: CAF 19-00430
Slip Opinion No: 2019 NY Slip Op 67871(U)
Decided on April 4, 2019
Appellate Division, Fourth 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.


April 4, 2019

PRESENT: WHALEN, P.J., CARNI, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

APPELLATE DIVISION DOCKET NO. CAF 19-00430
DOCKET NOS. V-04918-18, V-04919-18

MATTER OF GREGORY J. LEE, PETITIONER-RESPONDENT,

V

NICOLE C. LEE, RESPONDENT-APPELLANT.


Respondent-appellant having moved for permission to appeal from an order of the Family Court, Oneida County, entered in the Office of the Clerk of said Court on February 21, 2019, and for a stay of enforcement of the order, insofar as it directs that the children be returned to Oneida County, pending the determination of the appeal,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to appeal is granted, and

It is further ORDERED that the motion insofar as it seeks a stay of enforcement of the order is granted to the extent that the provision of the order directing the return of the children to Oneida County is stayed pending the determination of the appeal on the condition that the appeal is perfected on or before June 3, 2019, and

It is further ORDERED that if so perfected, the appeal shall be placed on the calendar for the term of Court commencing September 4, 2019.

Entered: April 4, 2019

MARK W. BENNETT, Clerk