| Matter of Helmeyer v Setzer |
| Motion No: 2025-00758 |
| Slip Opinion No: 2025 NY Slip Op 74172(U) |
| Decided on August 11, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M307122
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2025-00758, 2025-00762, 2025-01720 In the Matter of Thomas J. Helmeyer, appellant, v Erika Setzer, respondent. (Docket Nos. V-1642-2018/18A, V-1642-2018/18B)
| DECISION & ORDER ON MOTION |
Appeals from three orders of the Family Court, Queens County, dated November 8, 2024 (two orders) and January 8, 2025, respectively. Motion by the attorney for the child to be relieved and for the assignment of a new attorney for the child to respond to the appeals. Cross-motion by the appellant, inter alia, to impose sanctions upon the attorney for the child. The following named attorney was assigned as attorney for the child by the Family Court, Queens County:
Albino J. Testani
155-03 Jamaica Avenue
Jamaica, NY 11432
7118-725-1200
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and said attorney for the child is directed to turn over all papers in the action to new attorney for the child herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as attorney for the child:
Carol Lipton
800 Greenwood Ave., #3L
Brooklyn, NY 11218
718-436-5359
and it is further,
ORDERED that the attorney for the child shall respond to the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,
ORDERED that the attorney for the child is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,
ORDERED that the cross-motion is denied.
BRATHWAITE NELSON, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court