Appellate Division: Second Judicial Department

M290889

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2023-05104 In the Matter of Brian Mackay, respondent, v Taylor Bencal, appellant. (Docket No. V-3935-2018)

DECISION & ORDER ON MOTION

2023-05108

In the Matter of Taylor Bencal, appellant,

v Brian Mackay, respondent.

(Docket Nos. V-18011-2017/2018C,

V-18011-2017/2018D, V-18011-2017/2018E,

V-18011-2017/2019G, V-3593-2018,

V-3593-2018/2018A, V-3593-2018/2018B,

V-3593-2018/2018C, V-3593-2018/2019E,

V-3935-2018, V-3935-2018/2018A,

V-3935-2018/2018B, V-3935-2018/2018C)

Appeals by Taylor Bencal from an order of the Family Court, Suffolk County, dated May 17, 2023, and an order of protection of the same court, dated May 17, 2023. Motion by the appellant to consolidate the appeals and to stay enforcement of the order and the order of protection or, in the alternative, to set a visitation schedule for the appellant and the subject child and to permit the appellant to have telephone or electronic communication with the subject child, pending hearing and determination of the appeals.

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 to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order and the order of protection or, in the alternative, to set a visitation schedule for the appellant and the subject child and to permit the appellant to have telephone or electronic communication with the subject child, pending hearing and determination of the appeals, is granted to the extent that so much of the order as permits the respondent and/or Dr. Barbara Burkhard to determine whether and when therapeutic visitation, supervised visitation, and/or unsupervised visitation between the appellant and the subject child may begin is stayed, and the Family Court, Suffolk County, shall make any determination regarding the commencement and terms of therapeutic visitation, supervised visitation, and/or unsupervised visitation between the appellant and the subject child and regarding any appropriate modification to the order of protection, pending hearing and determination of the appeals, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until October 2, 2023.

DILLON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court