Appellate Division: Second Judicial Department

M265920

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-10110 In the Matter of Darsha Leslie, petitioner-respondent,v Taja Kennerly, respondent-respondent, Michael A. Dade, appellant. (Docket Nos. V-18226-19, V-18232-19)

DECISION & ORDER ON MOTION

Motion by Michael A. Dade for leave to appeal to this Court from an order of the Family Court, Westchester County, dated August 20, 2019, to stay enforcement of the order pending hearing and determination of the appeal, and for poor person relief.

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 is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated August 20, 2019, is granted, and the order is stayed pending hearing and determination of the appeal or issuance of an order of disposition in the above-entitled proceedings, whichever occurs first, on condition that the appeal is perfected on or before November 18, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 18, 2019, the Court, on its own motion, may vacate the stay, without further notice, or Taja Kennerly may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper

papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

SCHEINKMAN, P.J., BALKIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court