Angela M.C. v William L. C.

Motion No: M-5881

Slip Opinion No: 2017 NYSlipOp 63204(U)

Decided on January 31, 2017

Appellate Division, First 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.

January 31, 2017

Angela M.-C.,

Plaintiff-Appellant, CONFIDENTIAL

v

William L. C.,

Defendant-Respondent.

An appeal having been taken in a divorce action from an order of the Supreme Court, Bronx County, entered on or about November 3, 2016 which: dismissed plaintiff's Family Offense Proceeding (Docket No. O-14052/14) previously consolidated with said divorce action; found no basis to re-issue a temporary order of protection against defendant husband, and referred the issue of exclusive use and occupancy of the marital residence to the trial court for further proceedings; And, plaintiff having taken an appeal from the order of

the same Court and Justice, also entered on or about November 3, 2016, which denied plaintiff's CPLR 4404(b) motion to set aside the previously described order, and to reague her request for an order of protection, And, defendant-respondent having moved for leave to

respond, as a poor person, to the aforesaid appeals taken

from orders both entered on or about November 3, 2016, and

for assignment of counsel, a free copy of the transcript, and

for a temporary stay of plaintiff's motion to stay trial (M-5718) pending the determination of this motion and the assignment of counsel for defendant, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, and it is Ordered that Steven N. Feinman, Esq., One North Broadway, Suite 412, White Plains, NY 10601, Telephone No. (914) 949-8214, is assigned as counsel for purposes of responding to the aforesaid appeals. Defendant is permitted to respond to the appeal upon a reproduced respondent's brief, on condition that one copy of such brief be served upon the attorney for plaintiff-appellant and 8 copies thereof are filed with this Court. The motion is otherwise denied. ENTERED: January 31, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Rolando T. Acosta Dianne T. Renwick Richard T. Andrias David B. Saxe, Justices

M-5881

Index No. 76236/13