Opinion
Motion No. 2022-02621 Index No. 306655/11 Case Nos. 2022-00182 2021-03239 2021-04595 2021-04596
08-23-2022
Steven Alevy, Plaintiff-Respondent, v. Rifka Herz, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. David Friedman, Justice Presiding, Lizbeth González Manuel J. Mendez Bahaati E. Pitt John R. Higgitt, Justices.
Appeals having been taken to this Court from (1) a judgment, Supreme Court, New York County, entered on or about December 13, 2021, which, among other things, granted plaintiff dissolution of the marriage, sole custody of the child, sole rights to the marital residence, monthly basic child support of $535.50, and arrears in the amount of $16,600.50 (Case No. 2022-00182); (2) an order, same court, entered on or about August 30, 2021, which granted the plaintiff's motion to relocate with the parties' child (Case No. 2021-03239); (3) an order, same court, entered on or about November 1, 2021, which entered a final custody order (Case No. 2021-04595); and (4) order, same court, entered on or about October 29, 2021, which denied defendant's motion to adjudicate plaintiff in contempt for his alleged willful violation of an order, same court, dated August 27, 2021 (Case No. 2021-04596)
And defendant-appellant having moved, pro se, for an order directing the Court to provide her with free copies of all transcripts, for an extension of time to perfect the appeal from the judgment of the Supreme Court, New York County, entered on or about December 13, 2021 (Case No. 2022-00182) and for an order extending the Child Support Stay granted by an order of this Court on April 26, 2022 (M-2022-01218) until the February 2023 Term of this Court, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to extend the time to perfect the aforesaid appeal from the judgment entered on December 13, 2021 (Case No. 2022-00182) is granted and the time to perfect is extended to the December 2022 Term of this Court. The branch of the motion seeking to extend the stay granted by this Court on April 26, 2022 (M-2022-01218) is granted on condition the appeal is perfected for said December 2022 Term. The branch of the motion seeking free copies of transcripts is denied. The transcripts are readily available at NYSCEF #167 of the underlying matter (Index No.306655/11). Sua sponte, the appeals in Case Nos. 2021-03239, 2021-04596, 2021-04595 and 2022-00182 are adjourned to said December 2022 Term. The Clerk of the Court is directed to calendar said appeals to be heard with the instant appeal.