| Kelly Brach v Elaine Mamolite |
| Motion No: 2023-01066 SC |
| Slip Opinion No: 2024 NY Slip Op 66712(U) |
| Decided on April 16, 2024 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| Kelly Brach, Respondent, v Elaine Mamolite, Appellant. |
Motions by appellant for a stay of an order of the District Court of Suffolk County, Fourth District, dated September 29, 2023 finding appellant in contempt of an April 20, 2021 order and as a consequence directing the seizure of two dogs pending determination of the appeals from the order.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeals and motions are consolidated for purposes of disposition of the motions only; and it is further,
ORDERED that the motions are granted on condition that the dogs, when outside the home, be muzzled and restrained on a leash by appellant or an adult of at least eighteen years of age, and said dogs shall not be left outside unattended, including on a front porch or any unfenced portion of the property where the dogs are located; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move, on three days' notice, to vacate the stay.
ENTER:
Paul Kenny
Chief Clerk