ORDER

The motion of petitioner Ralph DeFusco to remand this case to the Family Court is granted without prejudice to the right of respondent to raise below her objection to proceeding with the hearing on the merits while the instant appeal is pending. Upon conclusion of the hearing on the merits, or upon a determination by the Family Court that said hearing should not proceed until this appeal is completed, the papers herein shall be returned to this court forthwith.