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.


Supreme Court of the State of New York

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