Opinion
2021-74718 Motion 2021-03329
11-18-2021
Brian Bernard Tuohy, Plaintiff-Appellant, v. Kiyoe Sato, Defendant-Respondent. (Action No. 1) Brian Bernard Tuohy, Plaintiff-Appellant, v. Kiyoe Sato, Defendant-Respondent. (Action No. 2) Kiyoe Sato, Plaintiff-Respondent, v. Brian Bernard Tuohy, Defendant-Appellant. (Action No. 3) Index Nos. 300869/18, 305457/18, 307683/19 Nos. 2021-00172, 2020-03625, 2020-04548, 2021-00173, 2020-04871, 2020-03819
Unpublished Opinion
MOTION DECISION
Present - Hon. Judith J. Gische, Justice Presiding, Barbara R. Kapnick Jeffrey K. Oing Tanya R. Kennedy John R. Higgitt, Justices.
Appeals having been taken to this Court in the amended Annulment Action (Action #1) from an Order of the Supreme Court, New York County entered on or about January 7, 2021 (Case No. 2021-00172), in the Annulment Action (Action #2) from an order, same court, entered on or about March 9, 2020 (Case No. 2020-03625), in the Divorce Action (Action #3) from the Judgment of Divorce, same court, entered on or about September 3, 2020 (Case No. 2020-03819), in the Annulment Action (Action #2) from an order, same court, entered on or about October 22, 2020 (Case No. 2020-04548), ), in the Divorce Action (Action #3) from an order, same court, entered on or about December 9, 2020 (Case No. 2020-03819), from an order, same court, entered on January 7, 2021 (Case No. 2021-00173), and in Actions No. 1, 2 and 3, from an order, same court, entered on January 8, 2021 (Case No. 2021-00172), And plaintiff/defendant-appellant having moved, pro se, (1) to consolidate the aforesaid (six) appeals, (2) to stay enforcement of the judgment of divorce pending the hearing and determination of the aforesaid appeals, (3) for leave to prosecute the consolidated appeals, as a poor person and for the assignment of counsel, (4) for an extension of time in which to perfect the consolidated appeals, (5) to disqualify the Justice of the Supreme Court hearing the proceedings, (6) to disqualify counsel representing the defendant/plaintiff-respondent and, (7) to direct counsel representing defendant/plaintiff-respondent to serve all papers on plaintiff/defendant-appellant by e-mail, 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, deemed to include a request to vacate the dismissal of the aforesaid appeals, is granted to the extent of reinstating the appeals and extending the time to perfect said appeals to the March 2022 Term of this Court, with no further extensions to be granted. The Clerk is directed to calendar the appeals (Case Nos. 2021-00172, 2021-00173, 2020-03625, 2020-04548, 2020-04871 and 2020-03819), if timely perfected, for the same date of the March 2022 Term, to be heard together. The motion is otherwise denied.