Opinion
Motion No: 2013-01809 Index No. 3111/13 M152878
03-25-2013
Mercedes Counihan, appellant, v. Molly Bishop, respondent.
, J.P.
DANIEL D. ANGIOLILLO
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, to remand the subject child to her care and custody, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 15, 2013, or, in the alternative, for temporary visitation with the subject child, 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 temporary visitation with the subject child is granted to the extent that the temporary restraining order in the order to show case dated February 20, 2013, is continued, pending hearing and determination of the appeal, on the condition that the appeal is perfected on or before April 20, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 20, 2013, the Court, on its own motion, may vacate the foregoing order without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court