Opinion
Motion No: 528405
02-15-2019
In the Matter of PETER LL., Respondent, v. CHARLES KK., Respondent. JILLIAN KK., Appellant.
DECISION AND ORDER ON MOTION
Motion, pursuant to Family Ct Act § 1114 (b), for stay pending appeal of order of Family Court, Saratoga County, dated January 18, 2019.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, without costs, and the appeal is set down for the April 2019 term of this Court. Appellant shall file and serve the record on appeal and brief on or before March 1, 2019. The briefs of the respondents and the attorney for the child shall be filed and served on or before March 22, 2019. Appellant's reply brief, if any, shall be filed and served on or before March 29, 2019. During the pendency of the appeal, the child shall reside with Jillian KK., and Peter LL. shall retain legal custody, and it is further
ORDERED that Peter LL. shall be allowed weekly telephone/Skype/FaceTime visitation with the child. Peter LL. also shall be allowed liberal visitation in the event he is present in the State of New York, and the paternal grandparents shall be allowed visitation with the child every weekend from Friday at 6 PM through Sunday at 6 PM and during the school vacation from February 15, 2019 at 6 PM through Wednesday, February 20, 2019. The child shall not be removed from the State of New York during the pendency of the appeal, except for the preplanned trip to Virginia during the February 2019 school vacation, and it is further
ORDERED that the parties shall refrain from discussions with or in the presence of the child concerning custodial issues or court proceedings, and it is further
ORDERED that the parties shall arrange for the child to engage in grief counseling as soon as possible.
ENTER:
Hon. Christine M. Clark
Associate Justice