Ritchie v. Ritchie

Full title: JULIE RITCHIE, PLAINTIFF-APPELLANT-RESPONDENT, v. BRIAN RITCHIE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jun 17, 2019

2019 N.Y. Slip Op. 72877 (N.Y. App. Div. 2019)

Opinion

Motion No: CA 19-01098

06-17-2019

JULIE RITCHIE, PLAINTIFF-APPELLANT-RESPONDENT, v. BRIAN RITCHIE, DEFENDANT-RESPONDENT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Plaintiff having moved, upon the return of an order to show cause granted by the Honorable Nancy E. Smith on June 11, 2019, pursuant to CPLR 5519 (c) for a stay of all proceedings to enforce an order of the Supreme Court, Monroe County, entered May 16, 2019, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks a stay pursuant to CPLR 5519 (c) pending the appeal to the extent that the order suspends plaintiff's custody of the parties' children, alters visitation as previously agreed to between the parties, restricts cell phone contact, bars the parties' older daughter from participating in extracurricular and out of the home activities, and prohibits the older daughter's use of a cell phone, and

It is further ORDERED that the motion is denied without prejudice and leave to renew in the parties' briefs and at oral argument, any arguments in support of or in opposition to the aspect of the motion seeking to stay the portion of the order precluding the parties from seeking an order of protection unless the application is made to Judge Dollinger,

It is further ORDERED that the motion is denied without prejudice and leave to renew in the parties' briefs and at oral argument, any arguments in support of or in opposition to the aspect of the motion seeking to preclude Judge Dollinger from participating in future proceedings, and

It if further ORDERED that the motion is denied insofar as it seeks to stay the order appealed to the extent the order vacates the temporary order of protection issued by Monroe County Family Court on or about April 22, 2019, and

It if further ORDERED that the motion is denied insofar as it seeks to stay the award of attorney's fees and a sanction (see Kightlinger v Kightlinger, 231 AD2d 969 [4th Dept 1996]), and

It if further ORDERED that the motion is denied insofar as it seeks to stay further proceedings in Supreme Court (see Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985]).

Entered: June 17, 2019

Mark W. Bennett

Clerk of the Court