Appellate Division: Second Judicial Department

M306920

AFA/

COLLEEN D. DUFFY, J.P.

LARA J. GENOVESI

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2025-06276 In the Matter of John P. L. (Anonymous), petitioner-respondent, v Allison M. D. (Anonymous), respondent-respondent; Ferra L. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of John P. L. (Anonymous), petitioner-respondent, v Allison M. D. (Anonymous), respondent-respondent; Ford L. (Anonymous), nonparty-appellant. (Proceeding No. 2) In the Matter of Allison M. D. (Anonymous), petitioner-respondent, v John P. L., (Anonymous), respondent-respondent; Ferra L. (Anonymous), nonparty-appellant. (Proceeding No. 3) In the Matter of Allison M. D. (Anonymous), petitioner-respondent, v John P. L., (Anonymous), respondent-respondent; Ford L. (Anonymous), nonparty-appellant. (Proceeding No. 4) (Docket Nos. V-6197-2023/2023A, V-6197-2023/20 V-6198-2023/2023A, V-6198-2023/2024C, V-9118-2023/2023A, V-9118-2023/2024B, V-9119-2023/2023A, V-9119-2023/2024B)

DECISION & ORDER ON MOTION 24C,

2025-07503

In the Matter of John P. L. (Anonymous), petitioner-appellant,

v Allison M. D. (Anonymous), respondent-respondent;

Ferra L. (Anonymous), et al., nonparty-respondents.

(Proceeding No. 1)

In the Matter of Allison M. D. (Anonymous),

petitioner-respondent, v John P. L. (Anonymous),

respondent-appellant; Ferra L. (Anonymous), et al.,

nonparty-respondents.

(Proceeding No. 2)

(Docket Nos. V-6197-2023/2023A, V-6197-2023/2024C,

V-6198-2023/2023A, V-6198-2023/2024C,

V-9118-2023/2023A, V-9118-2023/2024B,

V-9119-2023/2023A, V-9119-2023/2024B)

Appeals from two orders of the Family Court, Westchester County, dated May 21, 2025, and June 25, 2025, respectively. Motion by Ferra L. and Ford L. for leave to appeal to this Court from the order dated May 21, 2025, to stay enforcement of the order dated May 21, 2025, and to stay the trial in the above-entitled proceedings, pending hearing and determination of the appeal from the order dated May 21, 2025. Motion by John P. L., inter alia, for leave to appeal to this Court from the order dated June 25, 2025, to stay enforcement of the order dated June 25, 2025, pending hearing and determination of the appeals, in effect, to recuse the judge of the Family Court, Westchester County, presiding in the above-entitled proceedings, and to direct the above entitled-proceedings to be heard before a different judge.

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

ORDERED that the branch of the motion by Ferra L. and Ford L. which is for leave to appeal from the order dated May 21, 2025, is held in abeyance and referred to the panel of Justices hearing the appeal from the order dated May 21, 2025, for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motion by Ferra L. and Ford L. which are to stay enforcement of the order dated May 21, 2025, and to stay the trial in the above-entitled proceedings are granted and enforcement of the order dated May 21, 2025, and the trial in the above-entitled proceeding, are stayed, pending hearing and determination of the appeal from the order dated May 21, 2025; and it is further,

ORDERED that the branch of the motion by John P. L. which is for leave to appeal from the order dated June 25, 2025, is held in abeyance and referred to the panel of Justices hearing the appeal from te order dated June 25, 2025, for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion by John P. L. which is to stay enforcement of the order dated June 25, 2025, is granted to the extent that so much of the order as prohibits Dean Solomon, Esq., from meeting with the subject children, is stayed pending hearing and determination of the appeals, and that branch of the motion by John P.L. is otherwise denied; and it is further,

ORDERED that the branches of the motion by John P. L. which are, in effect, to recuse the judge of the Family Court, Westchester County, presiding in the above-entitled proceedings and to direct the above entitled-proceedings to be heard before a different judge are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by John P. L. is otherwise denied.

DUFFY, J.P., GENOVESI, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court