In the Matter of a Family Offense Proceeding Under Article 8 of the Family Court Act. Matthew P.

Motion No: M-1923

Slip Opinion No: 2020 NYSlipOp 69873(U)

Decided on August 13, 2020

Appellate Division, First 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.

August 13, 2020

In the Matter of a Family Offense

Proceeding Under Article 8 of the

Family Court Act. CONFIDENTIAL

- - - - - - - - - - - - - - Matthew P., Docket No. O-2892-20

Petitioner,

v

Linnea W.,

Respondent.

In the Matter of a Proceeding for

Custody and Visitation, Under Article 6 Docket Nos. V-3036-20

of the Family Court Act. V-2893-20 - - - - - - - - - - - - - -

Linnea W., Petitioner, v

Mathew P., Respondent.

---------------------------------------x Petitioner (Docket No. 0-2892-20)/Respondent (Docket Nos. V-3036-20 and V-2893-20)-father, Matthew P., having moved for an order: (1) granting leave to appeal to this Court from (a) the order of the Family Court, New York County, entered on or about May 28, 2020, under Docket No. O-2892-20, and (b) the Temporary Order of Parenting Time, same court, entered on or about May 28, 2020, under Docket Nos. V-2983-20 and V-3036-20; (2) staying enforcement of the aforementioned orders; and (3) granting respondent supervised parental access, to take place in Suffolk County, where the parties' daughter resides, at EAC or some other such facility,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that that branch of the motion seeking leave to appeal to this Court is granted. That branch of the motion seeking to stay enforcement of the aforementioned orders is granted and the temporary order of protection issued against respondent Linnea W., and the award of temporary custody of the parties' child to Matthew P., are reinstated, pending the hearing and determination of the appeal. The motion is otherwise denied. ENTERED: AUGUST 13, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-1923