Alevy v. Herz

• Decision Date: 23 June 2022
• Docket Number: Motion No. 2022-02084,Index No. 306655/11,202104596,Case Nos. 2022-00182,2021-03239,2021-04595
• Citation: 2022 NY Slip Op 67801 (U)
• Parties: Steven Alevy, Plaintiff-Respondent, v. Rifka Herz, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

2022 NY Slip Op 67801(U)

Steven Alevy, Plaintiff-Respondent, v. Rifka Herz, Defendant-Appellant.

Motion No. 2022-02084, Index No. 306655/11, Case Nos. 2022-00182, 2021-03239, 2021-04595, 202104596

Supreme Court of New York, First Department

June 23, 2022

Unpublished Opinion

MOTION DECISION

Present - Hon. Barbara R. Kapnick, Justice Presiding, Jeffrey K. Oing Lizbeth González John R. Higgitt, Justices.

Appeals having been taken to this Court from (1) a judgment, Supreme Court, New York County, entered on or about December 13 2021, which, among other things, granted plaintiff dissolution of the marriage, sole custody of the child, sole rights to the marital residence, monthly basic child support of $535.50, and arrears in the amount of $16,600.50 (Case No 2022-00182); (2) an order, same court, entered on or about August 30, 2021, which granted the plaintiff's motion to relocate with the parties' child (Case No. 2021-03239) (3) an order, same court, entered on or about November 1 2021, which entered a final custody order (Case No 2021-04595); and (4) order, same court, entered on or about October 29, 2021, which denied defendant's motion to adjudicate defendant in contempt for his alleged willful violation of an order, same court, dated August 27, 2021 (Case No. 2021-04596)

And defendant-appellant having moved, pro se, for an extension of time to perfect the appeal from the judgment and for clarification and reconsideration of the order of this Court entered on April 26, 2022 (M-2022-00905A &amp M-2022-01065A), which: (1) vacated the order of this Court, entered April 7, 2022 (M-2022-00905 & 2022-01065), (2) granted plaintiff's motion to bifurcate defendant's appeal of the judgment of divorce (Case No. 2022-00182) from defendant's appeals from the orders entered on or about November 1, 2021 (Case No. 2021-04595), on or about October 29, 2021 (Case No. 2021-04596), and on or about August 30, 2021, (Case No. 2021-03239); (3) granted the branch of defendant-appellant's motion (M-2022-00095) seeking poor person relief on condition that appellant perfect the appeal for the September 2022 Term, and (4) denied the branch of defendant-appellant's motion (M-2022-00095) seeking the assignment of counsel for the judgment of divorce, 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 granted to the extent of: (1) clarifying that the assignment of Larry Bachner, Esq., as counsel for defendant applies only to the appeals taken to ...