Appellate Division: Second Judicial Department

M312092

DF/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

LAURENCE L. LOVE

JAMES P. MCCORMACK, JJ.

2024-01436 In the Matter of Tatiana N. Mendez Ayala, appellant, v Rafael Bueno, Jr., respondent. (Proceeding No. 1) In the Matter of Rafael Bueno, Jr., respondent, v Tatiana N. Mendez Ayala, appellant. (Proceeding No. 2) (Docket Nos. V-1587-2020/2022F, V-1588-2020/2022F, V-1589-2020/2022F, V-1587-2020/2022G, V-1588-2020/2022G, V-1589-2020/2022G )

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Rockland County, dated January 25, 2025. Motion by the appellant to stay enforcement of the order, pending hearing and determination of the appeal. Motion by the respondent, inter alia, in effect, to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record. Application by the attorney for the children to extend the time to serve and file a brief. Application by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that motion by the appellant is granted to the extent that enforcement of so much of the order as directs that the subject children resume residence in Rockland County is stayed, pending hearing and determination of the appeal, and is otherwise denied; and it is further,

ORDERED that the motion by the respondent is granted to the extent that the material on page 6 of the appellant's brief beginning with the words "One example" and ending with the words "(See Appellant Affidavit in support of her Order to Show Cause for a Stay)," on page 7 beginning with the words "However, to make up for" and ending on page 8 with the words "(See Appellant Affidavit in support of her Order to Show Cause for a Stay)," on page 18 beginning with the words "This is especially true" and ending with the words "Wednesday evening access time," and on page 19 beginning with the words "As set forth" and ending with the words "his access with the children," of the appellant's brief are stricken, and on or before April 20, 2026, the appellant shall serve and file a replacement brief which does not contain the stricken material and is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief with proof of service thereof, through the digital portal on this Court's website, and that motion is otherwise denied; and it is further,

ORDERED that the applications are granted and on or before May 20, 2026, the attorney for the child and the respondent shall serve and file their respective briefs via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., BRATHWAITE NELSON, LOVE and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court