| Matter of D. (Anonymous) v M. (Anonymous) |
| Motion No: 2023-08123 |
| Slip Opinion No: 2023 NY Slip Op 76081(U) |
| Decided on November 1, 2023 |
| 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. |
Appellate Division: Second Judicial Department
M291980
AFA/
CHERYL E. CHAMBERS, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2023-08123, 2023-08128 In the Matter of Dennis M. D. (Anonymous), petitioner-respondent, v Ruby C. M. (Anonymous), respondent-respondent; Ramona M. D. (Anonymous) nonparty-appellant. (Docket No. V-12211-2023/23A)
| DECISION & ORDER ON MOTION , |
Motion by Ramona M. D. for leave to appeal to this Court from a purported order of the Family Court, Queens County, dated August 23, 2023, for leave to appeal to this Court from an order of the same court dated August 30, 2023, to stay enforcement of the order dated August 30, 2023, pending hearing and determination of the appeals, to direct that the subject child remain in New York, pending determination of the above-entitled matter, and to authorize the respondent Dennis M. D. to enroll the child in Cardozo High School.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the purported order dated August 23, 2023, is denied as no such order of the Family Court, Queens County, has been issued; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated August 30, 2023, is granted; and it is further,
ORDERED that the branches of the motion which are to stay enforcement of the order dated August 30, 2023, to direct that the subject child remain in New York, and to authorize the respondent Dennis M. D. to enroll the child in Cardozo High School are granted to the extent that enforcement of the order dated August 30, 2023, is stayed, the child shall remain in New York in the care and custody of the respondent Dennis M. D., and the respondent Dennis M. D. is authorized to enroll the child in Cardozo High School, pending hearing and determination of the appeal or further order of the Family Court, Queens County, whichever occurs first, and those branches of the motion are otherwise denied.
CHAMBERS, J.P., CHRISTOPHER, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court