| Buscarello v Buscarello |
| Motion No: 2025-00438 |
| Slip Opinion No: 2025 NY Slip Op 82508(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M310074
AFA/
CHERYL E. CHAMBERS, J.P.
HELEN VOUTSINAS
JANICE A. TAYLOR
PHILLIP HOM, JJ.
|
2025-00438, 2025-04495 Jennifer Buscarello, plaintiff-respondent, v Michael Buscarello, appellant; Stephen Markman, etc., nonparty-respondent. (Index No. 53124/2018)
| DECISION & ORDER ON MOTION |
2025-00446
Jennifer Buscarello, plaintiff-respondent,
v Michael Buscarello, appellant; Stephen
Markman, etc., nonparty-respondent.
(Index No. 53124/2018)
2025-132936
Jennifer Buscarello, respondent,
v Michael Buscarello, appellant.
(Index No. 53124/2018)
Appeals from four orders of the Supreme Court, Kings County, dated November 12, 2024, March 27, 2025, December 10, 2024, and October 29, 2025, respectively. Motion by the appellant, inter alia, to consolidate the appeal from the order dated October 29, 2025, with the appeals from the orders dated November 12, 2024, March 27, 2025, and December 10, 2024, and to extend the time to perfect the appeals from the orders dated November 12, 2024, March 27, 2025, and December 10, 2024. Motion by the Law Office of Lewis S. Calderon to be relieved as assigned counsel for the appellant with respect to issues of custody and visitation on the appeal from the order dated December 10, 2024, as that appeal does not raise any issues relating to custody and visitation. By decision and order on motion dated October 3, 2025, the following named attorney was assigned as counsel to prosecute the appeals from the orders dated November 12, 2024, March 27, 2025, and December 10, 2024, with respect to issues of custody and visitation:
Lewis S. Calderon
155-03 Jamaica Avenue
Jamaica, NY 11432
718-570-6160
Upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, and upon the papers filed by the Law Office of Lewis S. Calderon and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeal from the order dated October 29, 2025, with the appeals from the orders dated November 12, 2024, March 27, 2025, and December 10, 2024, 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 branch of the motion which is to extend the time to perfect the appeals from the orders dated November 12, 2024, March 27, 2025, and December 10, 2024, is granted, and on or before January 16, 2026, 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 motion by the appellant is otherwise denied; and it is further,
ORDERED that the motion by the Law Office of Lewis S. Calderon to be relieved as assigned counsel for the appellant with respect to issues of custody and visitation on the appeal from the order dated December 10, 2024, is granted, counsel is relieved of the assignment to prosecute the appeal from the order dated December 10, 2024, with respect to issues of custody and visitation, and on or before December 31, 2025, the Law Office of Lewis S. Calderon 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 Clerk of this Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, via email at [email protected].
CHAMBERS, J.P., VOUTSINAS, TAYLOR and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court