Appellate Division: Second Judicial Department

M311507

ID/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, 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)

2025-13293

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 Jennifer Buscarello to dismiss the appeals from the orders dated November 12, 2024, March 27, 2025, and December 10, 2024, on the ground that those orders were superceded by an amended order of the same court dated October 30, 2025. Separate motion by Jennifer Buscarello to dismiss the appeal from the order dated October 29, 2025, on the ground that this order was superceded by the amended order. Motion by the appellant, inter alia, in effect, for summary reversal of the amended order, and, in effect, to deem the notice of appeal from the order dated October 29, 2025, to be a premature notice of appeal from the amended order. Separate motion by the appellant to extend the time to perfect the appeals. Separate motion by the appellant, inter alia, in effect, to stay enforcement of the amended order. Separate motion by the appellant, inter alia, for waiver of costs, fees, and expenses and for the assignment of counsel with respect to the issues of custody and visitation on the appeal from the amended order. Separate motion by the appellant for waiver of costs, fees, and expenses and for the assignment of counsel with respect to the issues of custody and visitation on the appeal from the amended order.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated December 10, 2024, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion by the appellant which is extend the time to perfect the appeal from the order dated December 10, 2024, is denied as academic; and it is further,

ORDERED that the branch of the motion by Jennifer Buscarello which is to dismiss the appeal from the order dated December 10, 2024, is denied as academic; and it is further,

ORDERED that the branch of the motion by the appellant which is, in effect, to deem the notice of appeal from the order dated October 29, 2025, to be a premature notice of appeal from the amended order is granted, and the notice of appeal from the order dated October 29, 2025, is deemed to be a premature notice of appeal from the amended order (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion by the appellant which is to extend the time to perfect the appeals from the orders dated November 12, 2024, and March 27, 2025, is granted and on or before March 27, 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 branch of the motion by the appellant which is to extend the time to perfect the appeal from the amended order is denied as premature; and it is further,

ORDERED that the motions are otherwise denied.

IANNACCI, J.P., DOWLING, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court