Appellate Division: Second Judicial Department

M270319

kbp/

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

CHERYL E. CHAMBERS

PAUL WOOTEN, JJ.

2020-01145, 2020-01146 In the Matter of Brunildo Antonio Guichardo, respondent, v Kendrix Fonts, appellant. (Docket No. V-10709-12/18H)

DECISION & ORDER ON MOTION

Motion by Kendrix Fonts for leave to appeal to this Court from two orders of the Family Court, Queens County, both dated January 28, 2020, and to stay enforcement of the orders, pending hearing and determination of a certain motion pending in the Family Court, Queens 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 for leave to appeal from so much of the orders as bring up matters that were the subject of contest in the Family Court is denied as unnecessary (see James v Powell, 19 NY2d 249, 256 n3), without prejudice to filing a timely notice of appeal from those portions of the orders (see CPLR 5513, 5514[a]), as those portions of the orders are appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the orders is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders is denied without prejudice to renew upon the filing of a timely notice of appeal (see CPLR 5513, 5514); and it is further,

ORDERED that on the Court's own motion, enforcement of the order of custody dated January 28, 2020, is stayed until May 20, 2020.

SCHEINKMAN, P.J., BALKIN, CHAMBERS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court