Appellate Division: Second Judicial Department

M288486

AFA/

COLLEEN D. DUFFY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2023-02592 In the Matter of Emilia R. O. (Anonymous), respondent-respondent. Monica O. (Anonymous), petitioner-appellant; Janet C. (Anonymous), cross petitioner-respondent. (Index No. 1827/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated February 23, 2023. Motion by the appellant to stay enforcement of so much of the order as directs petitioner-appellant to return the respondent-respondent to the respondent-respondent's apartment in Nanuet, 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 enforcement of so much of the order as directs petitioner-appellant to return the respondent-respondent to the respondent-respondent's apartment in Nanuet is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before May 15, 2023; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 15, 2023, the Court, on its own motion, may vacate the stay, without further notice, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the appeal is granted a preference and will be calendared expeditiously after all of the briefs have been filed.

DUFFY, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court