Matter of Willner v Jean
Motion No: 2021-04035
Slip Opinion No: 2021 NY Slip Op 67954(U)
Decided on June 16, 2021
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

M277738

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2021-04035

In the Matter of Graham C. Willner, appellant,

v Cheslaine Jean, respondent.

(Docket No. V-27314-2017/2019A)

DECISION & ORDER ON MOTION

Appeal by Graham C. Willner from an order of the Family Court, Kings County, dated May 28, 2021. Motion by Graham C. Willner for leave to appeal to this Court from the order dated May 28, 2021, and to stay enforcement of that order and direct that the subject child shall remain in his care and custody, pending hearing and determination of the appeal from the order dated May 28, 2021.

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 is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated May 28, 2021, and direct that the subject child shall remain in the appellant's care and custody is granted to the extent that enforcement of so much of the order as directed that the respondent shall have physical custody of the subject child for the period from June 7, 2021, through July 2, 2021, is stayed, pending hearing and determination of the appeal from the order dated May 28, 2021, and that branch of the motion is otherwise denied.

MASTRO, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court