Opinion
Motion No: CAF 11-01577 DOCKET NO. V-02038-08-10D
09-12-2011
MATTER OF LINDA M. ALLEN, PETITIONER-RESPONDENT, v. SUSAN FIEDLER, RESPONDENT-APPELLANT.
PRESENT: , J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
Respondent-appellant having moved by order to show cause for a stay of enforcement of an order of the Family Court, Chautauqua County, entered in the office of the Clerk of said Court on June 24, 2011, pending the hearing and determination of the appeal taken herein from an order of Family Court entered August 9, 2011, and for other relief,
Now, upon reading and filing the affidavit of Terri L. LoTempio, Esq., sworn to August 9, 2011, the order to show cause with proof of service thereof, the affidavit of Linda Allen, sworn to August 24, 2011, the affirmation of Janice D. Slaton, Esq., dated August 25, 2011, the affidavit of Terri L. LoTempio, Esq., sworn to September 1, 2011, and the affidavit of Richard L. Sotir, Jr., Esq., sworn to September 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that petitioner-respondent is enjoined from enforcing the order of Family Court entered June 24, 2011, and the subject child, Olivia M.A., shall remain in the custody of respondent-appellant, pending the determination of the appeal, on condition that the appeal is perfected on or before December 12, 2011.
PATRICIA L. MORGAN, Clerk