Appellate Division: Second Judicial Department

M292529

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2023-10186 Jessica Rodriguez, appellant, v Diego Rodriguez, respondent. (Index No. 63866/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 27, 2023. Motion by the appellant for leave to appeal to this Court from the order and to stay enforcement of stated portions of the order, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of stated portions of the order is granted, and enforcement of so much of order as (1) directed the appellant to vacate the subject premises, (2) awarded the respondent temporary exclusive use and occupancy of the subject premises, (3) vacated prior orders regarding custody and parenting time, (4) granted the respondent temporary physical custody of the subject children, and (5) directed the appellant to make a certain payment are stayed, pending hearing and determination of the appeal.

DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court