Kelly v Puma
Motion No: 2020-08564
Slip Opinion No: 2020 NY Slip Op 76534(U)
Decided on December 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274718

E/afa

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2020-08564

Gaynell Kelly, etc., appellant,

v Anthony Joseph Puma, etc., et al.,

respondents, et al., defendants.

(Index No. 518447/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated October 22, 2020. Motion by the appellant to stay enforcement of stated portions of the order, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order as directed the plaintiff to produce authorizations for the psychiatric and school records of the infant daughter of the decedent by December 15, 2020, or be precluded from pursuing a loss of parental guidance claim on behalf of the infant daughter is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 22, 2021; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 22, 2021, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., RIVERA, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court