Matter of O'Connor v Shaw
Motion No: 2022-07346
Slip Opinion No: 2023 NY Slip Op 75987(U)
Decided on October 30, 2023
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

M291897

AFA/

FRANCESCA E. CONNOLLY, J.P.

PAUL WOOTEN

BARRY E. WARHIT

LILLIAN WAN, JJ.

2022-07346, 2022-07348

In the Matter of Valerie O'Connor, appellant,

v Kenneth Shaw, respondent.

(Docket Nos. F-11125-2019/2019B,

F-11125-2019/2020D/E)

DECISION & ORDER ON MOTION

Appeals by Valerie O'Connor from two orders of the Family Court, Westchester County, dated June 21, 2022, and April 8, 2022, respectively. Motion by the appellant to disqualify counsel for the respondent. Motion by Abrams Fensterman, LLP, for leave to withdraw as counsel

for the respondent and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Abrams Fensterman, LLP, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellant is denied; and it is further,

ORDERED that the motion by Abrams Fensterman, LLP, is granted, and on or before November 20, 2023, Abrams Fensterman, LLP, shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Acting Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected]; and it is further,

ORDERED that no further proceedings shall be taken against the respondent, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,

ORDERED that on or before January 19, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court