Appellate Division: Second Judicial Department

M303672

AFA/

LARA J. GENOVESI, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-13197 In the Matter of Moussa Samake, respondent, v Sokhna Khadidjatou Sy, appellant. (Docket Nos. V-3125-2024, V-3126-2024, V-3124-2024, V-3123-2024)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated December 16, 2024. Motion by Sokhna Khadidjatou Sy for leave to appeal to this Court from the order and, in effect, to stay enforcement of the order, pending hearing and determination of the appeal.

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 to this Court from the order is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that so much of the order as specified that the respondent shall pick up the subject children from their day care/school at the commencement of his access period and return the children to their day care/school on Monday morning is stayed and the pickup and drop-off of the subject children shall occur at the Bronx Detective Bureau station house of the New York City Police Department, located at 1086 Simpson Street, Bronx, NY 10459, as set forth in the order of the Family Court, Kings County, dated September 4, 2024, pending hearing and determination of the appeal, or further order of the Family Court, Kings County, whichever occurs first, and that branch of the motion is otherwise denied.

GENOVESI, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court