Appellate Division: Second Judicial Department

M290261

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LILLIAN WAN, JJ.

2023-04989 In the Matter of Alex Wright, respondent, v Sanchel Burke, appellant. (Docket Nos. V-3557-2021, V-5495-2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated March 17, 2023. Motion by the appellant to stay enforcement of so much of the order as grants the appellant sole legal and physical custody of the subject child on condition that, inter alia, the appellant relocates with the child to New York City at the conclusion of the 2022-2023 school year and directs that if the appellant fails to abide by such condition, the respondent is granted sole legal and physical custody of the subject child, 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, enforcement of so much of the order as grants the appellant sole legal and physical custody of the subject child on condition that, inter alia, the appellant relocates with the child to New York City at the conclusion of the 2022-2023 school year and directs that if the appellant fails to abide by such condition, the respondent is granted sole legal and physical custody of the subject child, is stayed, and the parties shall abide by the terms of the temporary order of visitation of the Family Court, Kings County, dated November 16, 2021, pending hearing and determination of the appeal.

DUFFY, J.P., CHRISTOPHER, GENOVESI and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court