In the Matter of the Application of AES and RJS

Motion No: M-1208

Slip Opinion No: 2019 NYSlipOp 73633(U)

Decided on June 25, 2019

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.

June 25, 2019

In the Matter of the Application of

AES and RJS,

Petitioners,

For a Judgment Pursuant to Article 78

of the New York Civil Practice Law and

Rules,

v OP 165/18

Arthur M. Diamond, a Justice of the

Supreme Court of the State of New York

in and for the County of Nassau, Hope

Schwartz Zimmerman, a Justice of the

Supreme Court of the State of New York,

Nassau County, Hon. Thomas Adams, Justice

of the Supreme Court in his capacity

as Chief Administrative Judge for

Supreme Court, Nassau County, Randi

Sue Marber, a Justice of the Supreme

Court, Nassau County, Alan D. Scheinkman,

in his capacity as Presiding Justice of the

Appellate Division of the Supreme Court of

the State of New York, Second Department,

Harriet Weinberger, in her capacity as

administrator of the Attorney for the Child

Program of the Appellate Division, Second

Department and Mark B. Lew, also known as

Mark B. Lew, M.D., GS and Beth Ross, Esq.

Respondents.

By order dated November 14, 2018, the Appellate Division, Second Department having transferred to this Court the within petition which sought an order, inter alia, compelling respondent justices to vacate every order, judgment and decree issued in the

Supreme Court, Nassau County, under index number 8596/03 (Lew vs. Sobel), And by order entered April 9, 2019, this Court having denied and dismissed the petition, finding that petitioner's failed to meet their burden of demonstrating a "clear legal right" to the relief sought, and that neither mandamus nor prohibition is available, And respondent Lew having moved for an order, finding against: (1) Jeffrey L. Solomon, Esq., in contempt of court; (2) issuing sanctions against him; (3) awarding respondent Lew counsel fees; and (4) enjoining petitioners and GS from bringing any further motions without advanced written permission from the Clerk of this Court, 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 denied. (See M-1207 released simultaneously herewith). ENTERED: June 25, 2019

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Marcy L. Kahn Peter H. Moulton, Justices

M-1208