Opinion
Motion No. 2022-02084 Index No. 306655/11 Case Nos. 2022-00182 2021-03239 2021-04595 202104596
06-23-2022
Steven Alevy, Plaintiff-Respondent, v. Rifka Herz, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Jeffrey K. Oing Lizbeth González 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 defendant 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 extension of time to perfect the appeal from the judgment and for clarification and reconsideration of the order of this Court, entered on April 26, 2022 (M-2022-00905A & M-2022-01065A), which: (1) vacated the order of this Court, entered April 7, 2022 (M-2022-00905 & 2022-01065), (2) granted plaintiff's motion to bifurcate defendant's appeal of the judgment of divorce (Case No. 2022-00182) from defendant's appeals from the orders entered on or about November 1, 2021 (Case No. 2021-04595), on or about October 29, 2021 (Case No. 2021-04596), and on or about August 30, 2021, (Case No. 2021-03239); (3) granted the branch of defendant-appellant's motion (M-2022-00095) seeking poor person relief on condition that appellant perfect the appeal for the September 2022 Term, and (4) denied the branch of defendant-appellant's motion (M-2022-00095) seeking the assignment of counsel for the judgment of divorce,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of: (1) clarifying that the assignment of Larry Bachner, Esq., as counsel for defendant applies only to the appeals taken to this Court from the orders of the Supreme Court, New York County, entered on or about August 30, 2021 (Case No. 2021-03239); October 29, 2021, (Case No.2021-04596); and November 1, 2021 (Case No. 2021-04595) and to that portion of the judgement of divorce, entered on or about December 13, 2021 (Case No. 2022-00182), which incorporated the aforesaid orders; (2) extending the time in which to perfect the appeal from the judgment of divorce to the October 2022 Term of this Court; (3) extending the stay granted by this Court (see order, M-2022-01218, entered April 26, 2022), on condition the appeal from the December 13, 2021 judgment of divorce is perfected for the October 2022 Term of this Court. The motion is otherwise denied.
Sua Sponte, the dismissals of the appeals taken to this Court from the orders of the Supreme Court, New York County, entered on or about August 30, 2021 (Case No. 2021-03239); October 29, 2021, (Case No.2021-04596); and November 1, 2021 (Case No. 2021-04595), are vacated, the appeals reinstated, and the time in which to perfect the appeals is extended to the October 2022 Term of this Court, to be calendared and heard together with the appeal taken from the December 13, 2021 judgment of divorce.