Opinion
2021-70154 2021-00401
08-12-2021
In the Matter of Sune G., Petitioner-Appellant, v. Michelle M., Respondent-Respondent. Docket No. V-10482-13 Motion Nos. 2021-02003, 2021-02005
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Peter H. Moulton Manuel J. Mendez, Justices.
An appeal having been taken from orders of the Family Court, New York County, entered on or about November 23, 2020, which, among other things, vacated and suspended petitioner-father's custody of the child and awarded sole custody to respondent-mother; removed the child from petitioner and immediately released the child to the care and custody of respondent; found petitioner in contempt of the November 10, 2020 order, same court, and directed him to be immediately arrested, and that authorities enforce the return of the child to the custody of respondent; and decreed that New York is the home state of the child and that petitioner wrongfully removed the child from the United States to Denmark, And petitioner having moved, pursuant to CPLR 5704, 5701(c) and 5501 for an order vacating the temporary custody order of the Family Court, New York County, dated October 29, 2020, the temporary order and amended temporary order, same court, dated November 10, 2020, the order, same court, directing petitioner to provide an updated email address, dated November 16, 2020, the writ of habeas corpus, same court, dated November 16, 2020, the order, same court, dated November 16, 202o awarding temporary custody to respondent-mother, the warrant of arrest dated November 17, 2020, the declaration of custodial rights and jurisdiction, same court, dated November 23, 2020, the final order after trial, same court, dated December 4, 2020 and the clarification order, same court, dated December 15, 2020 or in the alternative, to stay any order not vacated, pending the hearing and determination of the appeal (M-2021-02003), And petitioner having separately moved to enjoin, vacate or stay the aforesaid declaration of custodial rights and jurisdiction dated November 23, 2020, the habeas writ and suspension of custody order dated November 16, 2020, the final order after trial December 4, 2020, and the clarification order dated December 15, 2020 (M-2021-02005), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motions are denied.