Appellate Division: Second Judicial Department

M276925

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2021-00624 Kristin Ann Lavery, respondent, v Patrick O'Sullivan, appellant. (Index No. 1226/2019)

DECISION & ORDER ON MOTION

2021-02248

Kristin Ann Lavery, respondent,

v Patrick O'Sullivan, appellant.

(Index No. 1226/2019; Efile Index No. 20436/2021)

Appeal from a decision of the Supreme Court, Rockland County, dated December 23, 2020, and an interlocutory judgment of the same court dated March 25, 2021. By order to show cause dated March 12, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the decision on the ground that no appeal lies from a decision. Motion by the appellant, inter alia, for leave to appeal from the interlocutory judgment and to stay enforcement of so much of the interlocutory judgment as permits the respondent to relocate with the subject child to Ireland and directs that an appeal be perfected within four months of the date of the decision, and to direct that parenting time with the subject child between the appellant and the respondent shall continue according to the terms of an order of the Supreme Court, Rockland County, dated July 26, 2019, pending hearing and determination of the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the decision is granted and the appeal from the decision is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the interlocutory judgment is denied as unnecessary as the interlocutory judgment is appealable as of right; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of so much of the interlocutory judgment as permits the respondent to relocate with the subject child to Ireland and directs that an appeal be perfected within four months of the date of the decision, pending hearing and determination of the appeal from the interlocutory judgment, and to direct that parenting time with the subject child between the appellant and the respondent continue according to the terms of the order dated July 26, 2019, pending hearing and determination of the appeal from the interlocutory judgment are granted, and enforcement of so much of the interlocutory judgment as permits the respondent to relocate with the subject child to Ireland and directs that an appeal be perfected within four months of the date of the decision is stayed pending hearing and determination of the appeal from the interlocutory judgment, an appeal shall be perfected in accordance with the rules of the Court (see 22 NYCRR 670.3[b], 1250.3[b]), and parenting time with the subject child between the appellant and the respondent shall continue according to the terms of the order dated July 26, 2019, pending hearing and determination of the appeal from the interlocutory judgment; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., CHAMBERS, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court