Opinion
Motion No: M-1208
06-25-2019
In the Matter of the Application of AES and RJS, Petitioners, For a Judgment Pursuant to Article 78 of the New York Civil Practice Law and Rules, v. OP 165/18 Arthur M. Diamond, a Justice of the Supreme Court of the State of New York in and for the County of Nassau, Hope Schwartz Zimmerman, a Justice of the Supreme Court of the State of New York, Nassau County, Hon. Thomas Adams, Justice of the Supreme Court in his capacity as Chief Administrative Judge for Supreme Court, Nassau County, Randi Sue Marber, a Justice of the Supreme Court, Nassau County, Alan D. Scheinkman, in his capacity as Presiding Justice of the Appellate Division of the Supreme Court of the State of New York, Second Department, Harriet Weinberger, in her capacity as administrator of the Attorney for the Child Program of the Appellate Division, Second Department and Mark B. Lew, also known as Mark B. Lew, M.D., GS and Beth Ross, Esq. Respondents.
By order dated November 14, 2018, the Appellate Division, Second Department having transferred to this Court the within petition which sought an order, inter alia, compelling respondent justices to vacate every order, judgment and decree issued in the Supreme Court, Nassau County, under index number 8596/03 (Lew vs. Sobel), And by order entered April 9, 2019, this Court having denied and dismissed the petition, finding that petitioner's failed to meet their burden of demonstrating a "clear legal right" to the relief sought, and that neither mandamus nor prohibition is available, And respondent Lew having moved for an order, finding against: (1) Jeffrey L. Solomon, Esq., in contempt of court; (2) issuing sanctions against him; (3) awarding respondent Lew counsel fees; and (4) enjoining petitioners and GS from bringing any further motions without advanced written permission from the Clerk 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 motion is denied. (See M-1207 released simultaneously herewith).
ENTERED: June 25, 2019
__________ CLERK
Present: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Marcy L. Kahn Peter H. Moulton, Justices
M-1208