Opinion
Motion No: M-7055
10-29-2019
S. A., Plaintiff-Respondent, v. R. H., Defendant-Appellant.
CONFIDENTIAL
Appeals having been taken to this Court from the orders of the Supreme Court, New York County, entered on or about June 22, 2018 and on or about July 9, 2018, determining issues of custody and visitation, And an order of this Court having been entered on June 6, 2019 (M-1057), inter alia, amending the caption, and assigning Lewis S. Calderon, Esq., as counsel for the subject child for purposes of responding to the appeal,And plaintiff-respondent having moved for an order vacating the order of this Court assigning Lewis S. Calderon, Esq., as counsel for the subject child and assigning Phillip Katz, Esq., the child's trial court attorney, in his place, and dismissing the appeal pursuant to 22 NYCRR 1250.10(a)(M-7045), And defendant-appellant having cross-moved for, inter alia, the imposition of sanctions upon plaintiff-respondent and his counsel for frivolous conduct (M-7055),Now, upon reading and filing the papers with respect to the motion and cross motion and the letter from counsel for defendant-appellant dated September 18, 2019, and due deliberation having been had thereon, It is ordered that the motion (M-7045) is granted to the extent of relieving Lewis S. Calderon, Esq., as counsel for the subject child and substituting Phillip Katz, Esq., 299 Broadway, Suite 1803, New York, NY 10007, Telephone No. 212-385-1373, as counsel for the subject child for purposes of responding to the appeal. Counsel's fee is to be paid pursuant to the fee schedule set forth in the order of appointment of Supreme Court, New York County (Cooper, J.), entered on or about August 6, 2019, and it is further, Ordered that appellant is directed to perfect this appeal within 60 days of the filing of the transcripts, and it is furtherOrdered that the cross motion (M-7055), insofar as it has not been withdrawn, is denied.
ENTERED: October 29, 2019
__________ CLERK
Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Barbara R. Kapnick Troy K. Webber Ellen Gesmer,Justices
M-7055
M-7045
Index No. 306655/11