Appellate Division: Second Judicial Department

M277810

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2021-03583, 2021-03592 Thomas Silla, Jr., appellant, v Melissa Silla, respondent. (Index No. 53275/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 11, 2021. Motion by the appellant for leave to appeal to this Court from an amended order of the same court dated March 25, 2021, to stay enforcement of the amended order dated March 25, 2021, to stay enforcement of stated portions of the order dated May 11, 2021, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal from the amended order dated March 25, 2021, is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the amended order dated March 25, 2021, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of stated portions of the order dated May 11, 2021, is granted and enforcement of so much of the order as expanded the respondent's parenting time with the subject child, and set a visitation schedule is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before July 23, 2021; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 23, 2021, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., HINDS-RADIX, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court