Matter of Levitin v Stoll
Motion No: 2023-08724
Slip Opinion No: 2024 NY Slip Op 67130(U)
Decided on May 3, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M296130

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2023-08724

In the Matter of Joshua Levitin, appellant,

v Michelle Stoll, respondent.

(Docket No. O-2399-2023)

DECISION & ORDER ON MOTION

2023-08725

In the Matter of Michelle Stoll, respondent,

v Joshua Levitin, appellant.

(Docket No. O-2694-2023)

2024-01964

In the Matter of Michelle Stoll, respondent,

v Joshua Levitin, appellant.

(Docket No. O-2694-2023)

Appeals from three orders of the Family Court, Rockland County, dated August 17, 2023, September 7, 2023, and January 30, 2024, respectively. Motion by the appellant, inter alia, for leave to appeal to this Court from the orders dated August 17, 2023, and September 7, 2023, and to stay enforcement of those orders.

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

ORDERED that the motion is granted to the extent that leave to appeal to this Court from the orders dated August 17, 2023, and September 7, 2023, is granted, enforcement of the orders dated August 17, 2023, and September 7, 2023, as extended by the order dated January 30, 2024, is stayed with respect to the oldest child and the appellant shall be permitted access to the oldest child's doctors, pending the duration of the 2023-2024 school year and pending hearing and determination of the appeals or further order of the Family Court, Rockland County, whichever occurs first, and enforcement of so much of the order dated September 7, 2023, as directed the appellant to refrain from communication or any other contact by mail, telephone, e-mail, voice-mail or other electronic or any other means with the two younger children is stayed to the extent that the appellant is permitted daily contact with the two younger children each day at 6:00 p.m. PST, pending hearing and determination of the appeals, and the motion is otherwise denied.

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court