Matter of Nusbaum v Nusbaum
Motion No: 2021-05684
Slip Opinion No: 2022 NY Slip Op 62612(U)
Decided on March 7, 2022
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M281784

E/sl

HECTOR D. LASALLE, P.J.

MARK C. DILLON

REINALDO E. RIVERA

CHERYL E. CHAMBERS, JJ.

2021-05684, 2021-05685

In the Matter of Stacey Nusbaum, appellant,

v Perry Nusbaum, respondent.

(Proceeding No. 1)

In the Matter of Perry Nusbaum, respondent,

v Stacey Nusbaum, appellant.

(Proceeding No. 2)

(Docket Nos. V-3199-2018, V-3200-2018,

V-3340-2018, V-3339-2018, O-20804-2019)

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Westchester County, both dated July 8, 2021, which were dismissed by decision and order on motion of this Court dated August 11, 2021, on the ground that no appeal lies from orders entered upon the consent of the appealing party. Motion by the appellant, in effect, to vacate the decision and order on motion of this Court dated August 11, 2021, or, in the alternative, for leave to appeal from the orders, for poor person relief, for the assignment of counsel, and to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to vacate the decision and order on motion of this Court dated August 11, 2021, or, in the alternative, for leave to appeal from the orders are denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief, for the assignment of counsel, and to extend the time to perfect the appeals are denied as academic.

LASALLE, P.J., DILLON, RIVERA and CHAMBERS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court