Opinion
Motion No: M-1101
06-06-2019
S.A., Plaintiff-Respondent, CONFIDENTIAL v. R.H., Defendant-Appellant.
Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about June 22, 2018 and July 9, 2018, determining issues of custody and visitation, And defendant-appellant, by assigned counsel, having moved for an order 1) unsealing the transcript of the child's in camera, Lincoln Hearing testimony, and directing that it be provided to defendant-appellant's counsel under such terms and conditions as this Court shall deem necessary to protect the child's confidentiality; 2) directing the Clerk of the Supreme Court and the Office of Court Reporters to provide a copy of all trial transcripts to defendant-appellant's counsel, and to furnish an original, signed certified copy to the Clerk of this Court, pursuant to the order of this Court entered January 3, 2019 (M-5730); (3) directing the Clerk of the New York County Supreme Court to file the original record, including all trial exhibits, with the Clerk of this Court, pursuant to the order of this Court entered January 3, 2019 (M-5730); (4) disqualifying Ellen Sigal, Esq. as the child's counsel on appeal; and (5) remitting the issue of visitation to Supreme Court, New York County, for issuance of an order of unsupervised visitation, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that that branch of the motion seeking relief with respect to the original record is denied, without prejudice to counsel (1) serving a subpoena pursuant to 22 NYCRR 1250.9(a)(i) listing the documents relevant to the orders appealed from and to be included in the appellate record, including any relevant transcripts, but which shall not include any sealed records, copies of forensic reports or medical or mental health records, and (2) providing the Court Reporters' Office with the dates of proceedings relevant to the orders on appeal for which no transcript has been made a part of the record of this matter in the New York County Clerk's Office. The motion is otherwise denied. (See, M-1057, dated June 6, 2019, decided simultaneously herewith).
ENTERED: June 6, 2019
_____________________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Troy K. Webber Ellen Gesmer, Justices
M-1101
Index No. 306655/11