| Matter of A. (Anonymous), Lawrence |
| Motion No: 2004-03318 |
| Slip Opinion No: 2006 NYSlipOp 65378(U) |
| Decided on March 21, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34894
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-03318 In the Matter of Lawrence A. (Anonymous), appellant. (Docket No. D-22866/03)
| DECISION & ORDER ON MOTION |
Motion by Milagros Martinez, a court reporter, on an appeal from an order of the Family Court, Kings County, dated March 19, 2004, to vacate a decision, order, and judgment on motion of this court dated August 26, 2005, which, inter alia, adjudged her in criminal contempt for failing to follow the mandate of this court in the above-entitled proceeding, directed her imprisonment for a period of 30 days, and imposed a fine of $250.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted to the extent that so much of the decision, order, and judgment on motion of this court dated August 26, 2005, as imposed a sentence of imprisonment upon the court reporter, Milagros Martinez, is vacated, and the motion is otherwise denied; and it is further,
ORDERED that the decision, order, and judgment of this court dated August 26, 2005, is amended by (1) deleting from the fourth decretal paragraph thereof the words "shall be imprisoned under the jurisdiction of the Sheriff of Kings County for a period of 30 days and," and (2) deleting therefrom the fifth and sixth decretal paragraphs; and it is further,
ORDERED that within 20 days of service upon her of a copy of this decision and order on motion, Milagros Martinez shall pay the fine imposed by depositing the sum of $250 with the Clerk of this court, either in cash or by certified check, and in the event she fails to pay the fine as aforesaid Milagros Martinez shall be imprisoned under the jurisdiction of the Commissioner of the Department of Corrections of the City of New York for a period of 30 days; and it is further,
ORDERED that Stuart Birbach, the attorney for Milagros Martinez, is directed to personally serve his client with a copy of this decision and order on motion on or before April 7, 2006, and file proof of service with the Clerk of this court.
MILLER, J.P., CRANE, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court