| Matter of Marino v Sanfilippo |
| Motion No: 2019-14171 |
| Slip Opinion No: 2020 NY Slip Op 67914(U) |
| Decided on June 29, 2020 |
| 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
M271615
E/sl
RUTH C. BALKIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
PAUL WOOTEN, JJ.
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2019-14171, 2020-00431, 2020-00548 In the Matter of Joann Marino, respondent- appellant, v Francesca Sanfilippo, appellant- respondent, Frank Garcia, Sr., et al., respondents. (Proceeding No 1) In the Matter of Francesca Sanfilippo, appellant- respondent, v Frank Garcia, Sr., et al., respondents. (Proceeding No 2) In the Matter of Julio Castillo, respondent, v Francesca Sanfilippo, appellant-respondent. (Proceeding No. 3) Francesca Sanfilippo, appellant-respondent, v Julio Castillo, et al., respondents. (Proceeding No 4) Francesca Sanfilippo, appellant-respondent, v Joanne Marino, respondent-appellant, Julio Castillo, et al., respondents. (Proceeding No 5) (And other titles) (Docket Nos. V-18922-2016/2019A, V-9901-2018, N-16295-2016, N-16296-2016, V-24227-2015/2019 V-9899-2018, V-24227-2015, V-9899-2018)
| DECISION & ORDER ON MOTION A, |
Appeal from an order of the Family Court, Queens County, dated November 19, 2019, appeal and cross appeal from an order of the same court dated December 20, 2019, pertaining to the child Frank G., and appeal from an order of the same court dated December 20, 2019, pertaining to the child Kelsey M. C. Motion by Joanne Marino, inter alia, to stay enforcement of so much of the order dated December 20, 2020, pertaining to the child Frank G., as, in effect, awarded "at least two weeks" of overnight parenting time between Francesca Sanfilippo and the child Frank G., pending hearing and determination of the appeals and cross appeal, and to relieve the attorney for the child Frank G. and assign a new attorney for the child Frank G.
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 so much of the order dated December 20, 2020, pertaining to the child Frank G., as, in effect, awarded "at least two weeks" of overnight parenting time between Francesca Sanfilippo and the child Frank G. is granted and that portion of the order is stayed pending hearing and determination of the appeals and cross appeal; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., BARROS, CONNOLLY and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court