Opinion
Motion Nos. 2022-01818 2022-02071 Index Nos. 300869/18 305457/18 307683/19 Nos. 2021-00172 2020-03625 2020-04548 2021-00173 2020-04871 2020-03819 Action Nos. 1 2 3
06-30-2022
Brian Bernard Tuohy, Plaintiff-Appellant, v. Kiyoe Sato, Defendant-Respondent. Brian Bernard Tuohy, Plaintiff-Appellant, v. Kiyoe Sato, Defendant-Respondent. Kiyoe Sato, Plaintiff-Respondent, v. Brian Bernard Tuohy, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Jeffrey K. Oing Lizbeth González Martin Shulman John R. Higgitt, Justices.
Appeals having been taken to this Court in Action #1 (the first divorce action) from an 0rder of the Supreme Court, New York County entered on or about January 7, 2021 (Case No. 2021-00172), which denied appellant Touhy's motion to vacate the judgment of divorce, dismissed the action under Index #300869/2018 as moot, and prohibited appellant from filing any papers with the clerk with Index # 300869/2018; in Action #2 (the annulment action) from orders, same court, entered on or about March 9, 2020 (Case No. 2020-03625), which denied appellant's motion to vacate the parties' divorce settlement agreement, on or about October 22, 2020 (Case No. 2020-04548), which deemed the annulment action withdrawn, and on or about January 8, 2021 (Case No. 2021-00173), which directed the Clerks of Supreme Court not to accept any filings from appellant without the permission of the court; and in Action #3 (the Second Divorce Action) from the order and judgment of divorce, same Court, entered on or about September 3, 2020 (Case No. 2020-03819), which adjudged the parties divorced, and the order, entered on or about December 9, 2020 (Case No. 2020-04871), which denied appellant's motion to vacate the judgment of divorce, And plaintiff/defendant-appellant Touhy having moved, pro se, for a stay of the order of this Court, entered on April 28, 2022 (M- 2022-776/1077), which dismissed the consolidated appeals, pending this Court's decision on Touhy's Motion No. 2022-01609, or alternatively, for reargument of or, in the alternative, for leave to appeal to the Court of Appeals, from the aforesaid April 28, 2022 order, (M-2022-01818), And plaintiff/defendant-appellant Touhy having separately moved, pro se, for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the aforementioned April 28, 2022 decision of this Court (M-2022-776/1077), for a stay of the aforesaid order, and for leave to file a late reply (M-2022-02071), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are denied in their entirety. (M-2022-01818 and M-2022-02071).