Appellate Division: Second Judicial Department

M284083

MB/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-03067 In the Matter of Graham C. Willner, appellant, v Cheslaine Jean, respondent. (Docket No. V-27314-2017/2019A)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated April 26, 2022. Motion by the appellant for leave to appeal to this Court from the order dated April 26, 2022, and to stay enforcement of that order and direct that the subject child shall remain in his care and custody, with alternate weekend parenting time to the respondent, pending hearing and determination of the appeal from the order dated April 26, 2022.

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 April 26, 2022, and direct that the subject child shall remain in the appellant's care and custody, with alternate weekend parenting time to the respondent, is granted to the extent that enforcement of so much of the order as reinstated the custody and access terms of the final order of custody and visitation of the Family Court, Kings County, dated March 13, 2019, is stayed, and the custody and access terms of an order of the Family Court, Kings County, dated April 11, 2022, which directed that the subject child remain in the appellant's care and custody shall be in effect, pending hearing and determination of the appeal or further order of the Family Court, Kings County, whichever occurs first, and that branch of the motion is otherwise denied.

IANNACCI, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court