Abissi v Lembert
Motion No: 2024-04612
Slip Opinion No: 2025 NY Slip Op 76786(U)
Decided on September 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M307933

AFA/

FRANCESCA E. CONNOLLY, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2024-04612

Heather M. Abissi, etc., respondent,

v Sylvia Lembert, appellant.

(Index No. 53812/2018)

DECISION & ORDER ON MOTION

2024-07425

Heather M. Abissi, etc., respondent,

v Sylvia Lembert, appellant.

(Index No. 53812/2018)

2025-00001

Heather M. Abissi, etc., respondent,

v Sylvia Lembert, appellant.

(Index No. 53812/2018)

2025-04372

Heather M. Abissi, etc., respondent,

v Sylvia Lembert, appellant.

(Index No. 53812/2018)

Appeals from four orders of the Supreme Court, Dutchess County, dated April 16, 2024, July 12, 2024, December 19, 2024, and April 4, 2025, respectively. Motion by the appellant, inter alia, in effect, to stay the transfer of certain funds, pending hearing and determination of the appeal from the order dated December 19, 2024. Separate motion by the appellant, inter alia, to enlarge the record to contain certain material and to extend the time to perfect the appeals. Separate motion by the appellant to consolidate the appeals. Separate motion by the appellant, inter alia, in effect, to stay the transfer of certain funds, pending hearing and determination of the appeals, and, in effect, for summary reversal of the orders dated December 19, 2024, and April 4, 2025. Separate motion by the appellant pursuant to 22 NYCRR 1250.7(g) to waive certification of the record.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before November 17, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the motion pursuant to 22 NYCRR 1250.7(g) to waive certification of the record is denied, with leave to renew, on or before November 17, 2025, upon proper papers, and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); and it is further,

ORDERED that the motions are otherwise denied; and it is further

ORDERED that on the Court's own motion, the appellant is precluded from making any further motions or applications in connection with these appeals, without prior leave of this Court.

CONNOLLY, J.P., VOUTSINAS, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court