Opinion
Motion No: M-1933
05-16-2017
Anthony Z., Plaintiff-Appellant, SEALED CONFIDENTIAL v. Claire C., Defendant-Respondent.
Harriet Newman Cohen, Attorney for the Child.
Harriet Newman Cohen, Attorney for the Child.
An appeal having been taken from a Judgment of Divorce of the Supreme Court, New York County, entered on or about August 16, 2016, and said appeal having been perfected upon an appendix (Cal. No. 2356); and an appeal having been taken from an order of said Court, entered on or about March 1, 2016 and said appeal having been perfected upon a separate appendix (Cal. No. 2676); and an appeal having been taken from an order of said Court, entered on or about November 9, 2015 and said appeal having been perfected upon a separate appendix (Cal. No. 2358), and the aforesaid appeals all having been calendared for the September 2017 Term of this Court, And defendant having moved to dismiss plaintiff's appeal from the order entered March 1, 2016 (Cal. No. 2676) upon the ground that plaintiff's appendix is insufficient; alternatively, to compel plaintiff to expand the appendix to include the full transcripts of testimony during the custody trial, as well as retain critical exhibits, within 30 days of this Court's order [M-1722], And Harriet Newman Cohen, Esq., attorney for the subject child, having cross-moved for an order dismissing plaintiff's appeals taken from the interlocutory orders entered November 9, 2015 and March 1, 2016 (Cal. Nos. 2358 and 2676) on the ground that the appeal from the final judgment supercedes these appeals and because no appeal lies from an order denying reargument; and dismissing plaintiff's appeal taken from the order entered March 1, 2016 on the ground that the appendix is patently improper [M-1933], Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that the cross motion is granted to the extent of dismissing plaintiff's appeal taken from the order entered on or about November 9, 2015 (Cal. No. 2358). Insofar as cross movant seeks dismissal of the order entered on or about March 1, 2016 (Cal. No. 2676), such relief is denied and the appeal is deemed to be from the Partial Judgment of Divorce Resolving Custody, Parental Access and Decision Making entered on or about March 18, 2016. It is further directed that plaintiff supplement the appendix on that appeal with a copy of such Partial Judgment, within seven days of this order. Insofar as movant and cross movant seek dismissal of the order entered on or about March 1, 2016 on grounds related to plaintiff-appellant's appendix such relief is denied without prejudice to movant, cross movant, or both, arguing for dismissal on the direct appeal. Insofar as movant seeks, as alternative relief, an order directing plaintiff-appellant to file a supplemental appendix, such relief is granted solely to the extent of granting defendant-respondent leave to file a supplemental appendix, with costs to abide the appeal, and without prejudice to any argument that the appeal should be dismissed due to the inadequacy of appellant's original appendix.
ENTERED: May 16, 2017
_____________________ CLERK
Present: Hon. Rolando T. Acosta, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber, Justices
M-1933
M-1722
Index No. 301568/14