| Matter of Battipaglia v Battipaglia |
| Motion No: 2024-12693 |
| Slip Opinion No: 2025 NY Slip Op 81229(U) |
| Decided on November 24, 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
M309531
AFA/
VALERIE BRATHWAITE NELSON, J.P.
WILLIAM G. FORD
CARL J. LANDICINO
JAMES P. MCCORMACK, JJ.
|
2024-12693, 2024-12695 In the Matter of Elizabeth Battipaglia, appellant, v Robert Battipaglia, et al., respondents. (Proceeding No. 1)
In the Matter of Linda Battipaglia, petitioner- respondent, v Elizabeth Johnson, appellant, Robert Battipaglia, respondent-respondent. (Proceeding No. 2) (Docket Nos. V-5553-2018, V-2262-2021, V-5537-2018)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Family Court, Richmond County, dated October 3, 2024, and October 2, 2024, respectively. Motion by Rachel Ambats for leave to withdraw as counsel for the respondent Robert Battipaglia, and in effect, for the assignment of new counsel, and to extend the time to serve and file a brief. By order on certification of this Court dated February 14, 2025, the following attorney was assigned to respond to the appeals:
Rachel Ambats
41 Schermerhorn Street, #135
Brooklyn, NY 11201
917-749-3949
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to Family Court Act 1120, the following named attorney is assigned as counsel for the respondent Robert Battipaglia to respond to the appeals:
Jill M. Zuccardy
225 Broadway, Suite 1515
New York, New York 10007
212-962-1192
and it is further,
ORDERED that the respondent Robert Battipaglia's time to serve and file a brief is extended, and on or before January 23, 2025, the respondent Robert Battipaglia shall serve and file his brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve his brief and upload a digital copy of his brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.
BRATHWAITE NELSON, J.P., FORD, LANDICINO and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court