March 2, 2015 – M&H Wins Stay in Child Visitation Case

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In this child visitation proceeding, the Appellate Division, Second Department, in accordance with M&H's arguments, stayed enforcement of a child-visitation order pending a hearing and determination of the appealen .

Matter of Den v Sosnik

Motion No: 2014-11525

Slip Opinion No: 2015 NY Slip Op 65389(U)

Decided on March 2, 2015

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

M188259

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

Motion by Samantha Sosnik, Shawn Sosnik, and Douglas John Keller for leave to appeal to this Court from two orders of the Family Court, Nassau County, both dated October 27, 2014, to stay enforcement of the orders pending hearing and determination of the appeals, and to consolidate the appeals.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the orders dated October 27, 2014, is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the parties shall file 10 copies of their respective briefs; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcript of the minutes of the proceedings in the Family Court, and the appellants shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of the proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, the appellants' counsel shall file in the office of the Clerk of this Court one of the following:

  1. an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
  2. if there are such minutes, an affidavit or affirmation that the transcripts has been received, and indicating the date that it was received; or
  3. if the transcripts has not been received, an affidavit or affirmation stating that this decision and order on motion has been served upon the clerk of the court from which the appeals are taken, the date thereof and the date by which the transcript is expected; or
  4. an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court