Steven Alevy v Rifka Herz

Motion No: M-3646

Slip Opinion No: 2018 NYSlipOp 85055(U)

Decided on October 2, 2018

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.

October 2, 2018

Steven Alevy,

Plaintiff-Respondent, CONFIDENTIAL

v

Rifka Herz,

Defendant-Appellant,

An appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about June 22, 2018 and July 9, 2018,And defendant-appellant, pro se, having moved for an order staying the aforesaid orders insofar as they modified her access to the child pending her appeal; re-instituting the prior supervised access schedule; directing plaintiff to continue to pay 100% of the costs of supervised visitation and that Ann Sydor continue in the role of supervisor; for leave to prosecute, as a poor person, the aforesaid appeal, to have the appeal heard upon the original record and a reproduced appellant's brief, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said motion is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serve one copy of such brief upon the attorney for respondent and file an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the

Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. The motion is otherwise denied. ENTERED: October 2, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern, Justices

M-3646

Index No. 306655/11