MATTER OF GUIDROZ v. BOCHENSKI


170 A.D.2d 1042 (1991)

In the Matter of Raymond Guidroz, Petitioner, v. Hattie Bochenski et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 1, 1991


Motion for a stay granted to the extent that the order of Supreme Court is vacated pursuant to CPLR 5704 (a) and appeal is dismissed; cross motion to vacate temporary stay denied.

Memorandum:

Supreme Court erroneously vacated a Family Court order which had granted temporary custody to respondents. A motion that attempts to affect an order validly issued must be directed to the Judge who issues it (see, CPLR 2221). Since the Family Court is in this instance...

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