Matter of Shumway v Rosenzweig
Motion No: 2022-01084
Slip Opinion No: 2022 NY Slip Op 68824(U)
Decided on July 20, 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

M284031

MB/

COLLEEN D. DUFFY, J.P.

BETSY BARROS

SHERI S. ROMAN

DEBORAH A. DOWLING, JJ.

2022-01084

In the Matter of John W. Shumway, petitioner,

v Stacey Rosenzweig, respondent;

David E. Schorr, etc., nonparty-appellant.

(Docket Nos. V-24546-2014, V-32250-2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated January 4, 2022. Motion by the respondent to dismiss the appeal on the grounds that it was untimely taken, that the record was not properly assembled, that certain transcripts were not served upon the respondent, and that the transcripts were not settled.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it was untimely taken is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., BARROS, ROMAN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court