Opinion
CAF 19-00849 Docket No: F-1169-18
07-17-2019
PRESENT:
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Family Court, Ontario County, entered January 25, 2019, and respondent-appellant having cross-moved to modify the order of Justice Joanne M. Winslow, dated May 9, 2019, which stayed all proceedings to enforce the order of the support magistrate entered November 28, 2018 pending the hearing and determination of the appeal, and for an extension of the stay,
Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to dismiss is denied, and
It is further ORDERED that the cross motion insofar as it seeks to modify the order of Justice Winslow is dismissed as unnecessary inasmuch as the order of Justice Winslow prohibits enforcement of the order of the support magistrate by the Ontario County Support Collection Unit or any other entity or individual, and
It is further ORDERED that the cross motion insofar as it seeks an extension of the stay is granted on the condition that the appeal is perfected on or before July 31, 2019, and
It is further ORDERED that, if so perfected, the appeal shall be added to the calendar for the term of this Court commencing October 15, 2019.
Entered: July 17, 2019
Mark W. Bennett
Clerk of the Court