Appellate Division: Second Judicial Department

M284092

MB/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2022-02607 In the Matter of Nicholas Serrano, respondent, v Helen Abizeid, appellant. (Docket No. V-6528-2018/2021E)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Nassau County, dated March 4, 2022. Motion by the appellant to stay all proceedings in the above-entitled proceeding and to stay enforcement of so much of the order as granted the respondent quarterly visits with the subject child, directed that the respondent shall have daily telephone contact with the subject child, not to exceed more than one call per day, and directed the appellant to provide monthly updates to the respondent regarding the subject child, pending hearing and determination of the appeal. Separate motion by the respondent pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted to the extent that enforcement of so much of the order as granted the respondent quarterly visits with the subject child and directed that the respondent shall have daily telephone contact with the subject child, not to exceed more than one call per day, is stayed, and the respondent is permitted to have phone contact with the subject child once per day, not to exceed five days per week, pending hearing and determination of the appeal or further order of the Family Court, whichever occurs first, and the appellant's motion is otherwise denied; and it is further,

ORDERED that the respondent's motion is denied, with leave to renew upon proper papers, including the respondent's affidavit setting forth (1) the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income, and (2) whether the respondent was represented by assigned counsel or retained counsel in the Family Court and, if retained, the amount and source of counsel fees paid to retained counsel.

IANNACCI, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court