Evans v Evans
2026 NY Slip Op 69259(U)
May 29, 2026
Appellate Division, Second Department
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.
Eli Evans, petitioner-appellant,
v
Sivan Evans, respondent-respondent; Joel Bornstein, Esq., nonparty-respondent.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 29, 2026
2025-02433, 550668/2020
Betsy Barros, J.P.
Cheryl E. Chambers
Laurence L. Love
James P. McCormack, JJ.
[*1]DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated May 20, 2026, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Supreme Court, Kings County, dated March 28, 2024. Motion by the assigned counsel for the appellant to be relieved of the assignment to prosecute the appeal with respect to issues of custody and visitation and for the assignment of new counsel. By decision and order on motion of this Court dated March 4, 2026, the appellant was granted waiver of costs, fees, and the following named attorney was assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:
Austin I. Idehen
89-31 161st Street, Suite 810
Jamaica, NY 11432
(718) 558-4191
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:
Cheryl Charles-Duval
44 Court St., Ste. 909
Brooklyn, NY 11201
(718) 522-7472
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal with respect to custody and visitation expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
BARROS, J.P., CHAMBERS, LOVE and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court