Opinion
2022-65233 Motion 535201
04-28-2022
Unpublished Opinion
MOTION DECISION
DECISION AND ORDER ON MOTION
Motion for permission to appeal and, pursuant to Family Ct Act § 1114 (b), for stay pending appeal of amended temporary order of Family Court, Albany County, dated March 9, 2022.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for permission to appeal is granted, without costs, and it is further
ORDERED that the motion for a stay pending appeal is referred to Justice Clark, who makes the following decision: Motion granted, without costs, and the amended temporary order of Family Court, Albany County, dated March 9, 2022, granting petitioner limited purpose sole legal custody of the child is stayed pending the appeal. It is further
ORDERED that further proceedings, including an evidentiary hearing, may continue before Family Court, Albany County, pending the appeal, and it is further
ORDERED that the appeal is set down for the June 1, 2022 session of this Court. Appellant shall file and serve the record on appeal and appellant's brief by 9 a.m. on May 16, 2022. Respondent's brief shall be filed and served by 9 a.m. on May 23, 2022. Appellant's reply brief, if any, shall be filed and served by 5 p.m. on May 25, 2022.
Egan Jr., J.P., Clark, Fisher and McShan, JJ., concur.