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Brown v. Brown

Supreme Court of New York, Second Department
Mar 31, 2023
2023 N.Y. Slip Op. 64199 (N.Y. App. Div. 2023)

Opinion

Motion Nos. 2022-06957 2022-07037 Index No. 55654/2020

03-31-2023

Stephen J. Brown, respondent, v. Maura D. Brown, appellant. Stephen J. Brown, respondent, v. Maura D. Brown, appellant.


Unpublished Opinion

MOTION DECISION

M288181

BETSY BARROS, J.P., LARA J. GENOVESI, DEBORAH A. DOWLING, HELEN VOUTSINAS, JJ.

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Westchester County, dated August 12, 2022, and August 19, 2022, respectively. Motion by the appellant, inter alia, for leave to appeal to this Court from the orders and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal from the order dated August 19, 2022, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); and it is further, ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated August 12, 2022, as granted those branches of the motion by Tiffany Gallo which were to be reappointed as the attorney for the child S.B. and to set a schedule of parenting time between the appellant and S.B., and denied the appellant's cross motion, inter alia, to vacate a temporary restraining order contained in an order to show cause of the Supreme Court, Westchester County, dated June 8, 2022, is denied as unnecessary as that portion of the order is appealable as of right, and that branch of the motion is otherwise denied; and it is further, ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further, ORDERED that the motion is otherwise denied; and it is further, ORDERED that on the Court's own motion, the time to perfect the appeals is extended, and on or before May 1, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.


Summaries of

Brown v. Brown

Supreme Court of New York, Second Department
Mar 31, 2023
2023 N.Y. Slip Op. 64199 (N.Y. App. Div. 2023)
Case details for

Brown v. Brown

Case Details

Full title:Stephen J. Brown, respondent, v. Maura D. Brown, appellant. Stephen J…

Court:Supreme Court of New York, Second Department

Date published: Mar 31, 2023

Citations

2023 N.Y. Slip Op. 64199 (N.Y. App. Div. 2023)