Cunningham v Cunningham
Motion No: 2021-09039
Slip Opinion No: 2026 NY Slip Op 62190(U)
Decided on February 11, 2026
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

M311228

ID/

LARA J. GENOVESI, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

PHILLIP HOM, JJ.

2021-09039

Joseph S. Cunningham, respondent,

v Paula S. Cunningham, appellant.

(Index No. 200292/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered December 3, 2021. Motion by assigned counsel, in effect, to be relieved of the assignment to prosecute the appeal with respect to the issue of contempt and for the assignment of new counsel. The appellant's motion for the assignment of counsel was granted and on May 4, 2022 the following named attorney was assigned as counsel to prosecute the appeal with respect to so much of the order as granted the branch of the respondent's motion which was to hold the appellant in contempt:

Carol J. Lewisohn

999 Central Ave., Suite 104

Woodmere, NY 11598

516-374-7430

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 to prosecute the appeal with respect to so much of the order as granted the branch of the respondent's motion which was to hold the appellant in contempt:

David Laniado

411 Westminster Rd. #2

Cedarhurst, NY 11516

(516) 458-2770and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that on the Court's own motion, the time for the appellant perfect the appeal, both with respect to so much of the order as granted the branch of the respondent's motion which was to hold the appellant in contempt and as to any remaining issues, is extended, the appellant's time to perfect the appeals by causing the original papers constituting the records on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the appellant's briefs, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until March 13, 2026.

GENOVESI, J.P., CHAMBERS, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court