Appellate Division: Second Judicial Department

M288134

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

HELEN VOUTSINAS, JJ.

2022-06741 In the Matter of Shaun R. Swaby, respondent-appella v Asha Cummings, appellant-respondent. (Docket Nos. O-3282-2019, V-446-2016/2019F, V-446-2016/2019G, V-446-2016/2019H, V-446-2016/2019I)

DECISION & ORDER ON MOTION nt,

Appeal by Shaun R. Swaby and cross appeal by Asha Cummings, from an order of the Family Court, Rockland County, dated July 11, 2022. The appeal by Shaun R. Swaby was deemed withdrawn by decision and order on application of this Court dated October 12, 2022. Motion by Shaun R. Swaby, in effect, to recall and vacate so much of the decision and order on application of this Court dated October 12, 2022, as deemed his appeal withdrawn and to reinstate his appeal. Motion by Asha Cummings to stay enforcement of the order, pending hearing and determination of the appeal and cross appeal.

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

ORDERED that the motion, in effect, to recall and vacate so much of the decision and order on application of this Court dated October 12, 2022, as deemed the appeal by Shaun R. Swaby withdrawn and to reinstate the appeal is granted, and so much of the decision and order on application dated October 12, 2022, as deemed the appeal by Shaun R. Swaby withdrawn is recalled and vacated, the appeal by Shaun R. Swaby is reinstated, and the appeal by Shaun R. Swaby from the order is deemed to be a cross appeal from the order; and it is further,

ORDERED that the motion to stay enforcement of the order is denied.

BRATHWAITE NELSON, J.P., GENOVESI, WARHIT and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court