Inessa B. v Docket No. F4476614 Evgeny A. F.

Motion No: M-1295

Slip Opinion No: 2019 NYSlipOp 73634(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

Inessa B.,

Petitioner-Respondent, Confidential

v

Docket No. F-44766-14

Evgeny A. F.,

Respondent-Appellant.

Respondent-appellant having moved for leave to appeal from the order of commitment of the Family Court, New York County, entered on or about March 1, 2019, and for a stay of said order pending the hearing and determination of the appeal taken therefrom (M-1242), And petitioner-respondent having cross moved pursuant to Family Court Act § 438(a) and Domestic Relations Law § 238 for attorneys fees and costs, and pursuant to 22 NYCRR 130-1.1 for sanctions against respondent-appellant for failing to withdraw his motion on the ground that it became moot subsequent to respondent-appellant paying the purge amount and being released from prison (M-1295), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that respondent-appellant's motion seeking leave to appeal from the commitment order and a stay pending appeal is denied (M-1242), and It is further ordered that petitioner-respondent's cross motion for attorney's fees, costs and sanctions (M-1295) is granted to the extent of remanding the matter to Family Court, New York County, for determination of the appropriate amount of attorney's fees to be imposed upon respondent-appellant and awarded to petitioner-respondent for the costs of opposing respondent-appellant's motion, and is otherwise denied. 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-1295

M-1242