Baker v Kumar
Motion No: 2022-07576
Slip Opinion No: 2022 NY Slip Op 74783(U)
Decided on November 23, 2022
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

M286145

AFA/

FRANCESCA E. CONNOLLY, J.P.

ANGELA G. IANNACCI

ROBERT J. MILLER

WILLIAM G. FORD, JJ.

2022-07576

Karolina Anna Baker, appellant,

v Vineet Kumar, respondent.

(Index No. 802230/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 31, 2022. Motion by the appellant, in effect, to stay enforcement of the order and all proceedings in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order, including the provision finding the appellant in contempt of court, is stayed, and the appellant shall continue to have custody of the parties' child pursuant to the terms of the parties' agreement dated July 30, 2020, and acknowledged on August 4, 2020, pending hearing and determination of the appeal; and it is further,

ORDERED that execution of any warrants of arrest issued pursuant to the order, including the warrant of arrest and order of commitment for civil contempt issued by the Supreme Court, Nassau County, dated September 7, 2022, is stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that all proceedings in the above-entitled action, including any proceedings to sentence the appellant for contempt of court, are stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the appellant's counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken and the Sheriff of Nassau County.

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

ENTER:

Maria T. Fasulo

Clerk of the Court