Opinion
Motion No. 2023-00104 Case No. 2022-02311 Docket No. V-3127-20
02-09-2023
In the Matter of a Custody/Visitation Proceeding Stephanie B., Petitioner-Appellant, v. Joshua M., Respondent-Respondent.
David Loftis, Esq., The Legal Aid Society, Attorney for the Child.
Unpublished Opinion
MOTION DECISION
David Loftis, Esq., The Legal Aid Society, Attorney for the Child.
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, David Friedman Peter H. Moulton Tanya R. Kennedy Bahaati E. Pitt-Burke, Justices.
An appeal having been taken to this Court from an order of the Family Court, Bronx County, entered on or about May 03, 2022, and said appeal having been perfected, And petitioner-appellant having moved, inter alia, for an order: (1) granting petitioner a judicial subpoena for the September 29, 2022 Bronx County Supreme Court criminal bench warrant against respondent under Bronx County Indictment No. 31/19, and the court activity sheet on this indictment; and (2) declaring that respondent has failed and refused to appear in New York for any purpose, including preliminary screening by NYSPCC, the therapeutic visitation supervisor, and that he has violated and repudiated a mandatory precondition to therapeutic visitation under the order appealed and he should thus forfeit such visitation under the principles set forth in Rebecca Broadway L.P. v Hutton (143 A.D.3d 71, 80-81 [1st Dept. 2016]), and must make a new application to the trial court should he desire future visitation, 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 without prejudice to petitioner seeking such relief before the Bronx County Family Court.