Opinion
Motion No. 2022-02788 Index No. 306655/11 Case Nos. 2021-032392021-04595 2021-04596 2022-00182
08-23-2022
Steven Alevy, Plaintiff-Respondent, v. Rifka Herz, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Anil C. Singh, Presiding, Justices, Tanya R. Kennedy, Saliann Scarpulla, Julio Rodriguez III, Justice.
Appeals having been taken to this Court from (1) an order of the Supreme Court, New York County, entered on or about, August 30, 2021, which granted the plaintiff's motion to relocate with the parties' child (Case No. 2021-03239); (2) an order, same court, entered on or about November 01, 2021, which entered a final custody order (Case No. 2021-04595); and (3) an order, same court, entered on or about October 29, 2021, which denied defendants' motion to adjudicate the plaintiff in contempt for his alleged willful violation of a court access order dated August 27, 2021 (Case No. 2021-04596), And a related appeal having been taken to this Court from 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), And plaintiff-respondent having moved to dismiss the appeals for Case Nos. 2021-3239, 2021-4595, and 2021-4596, or in the alternative, to strike those portions of defendant-appellant's brief, dated June 9, 2022, which oppose and seek appellate review of the of the determinations made by the lower court with respect to child support and, to impose costs and sanctions against defendant-appellant and her counsel for necessitating the instant motion by willfully including the child support issue, 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 dismiss the appeals and/or strike portions of defendant-appellant's brief dated June 9, 2022, is denied without prejudice to raising the objections in the respondent's brief, for the December 2022 Term of this Court, to which Term, all the appeals have been adjourned (see M-2022-02621, decided simultaneously herewith). The branch of the motions seeking sanctions and costs is denied.