Von Fricken v. Schaefer, 118 A.D.3d 871 (N.Y. App. Div. 2014). · Go Syfert
Von Fricken v. Schaefer, 118 A.D.3d 871 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
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discussed Cited "see" Matter of D'Amico v. Corrado
N.Y. App. Div. · 2015 · signal: see · confidence high
The appeals from the orders dated November 26, 2013, and January 9, 2014, must be dismissed as abandoned, as the father’s brief does not seek reversal or modification of any portion of those orders (see Matter of Pepe v Pepe, 124 AD3d 898 [2015]). *719 “A party seeking the modification of an existing court-sanctioned child custody arrangement has the burden of demonstrating that circumstances have changed since the initial custody determination to the extent that modification is necessary to insure the child’s best interests” (Matter of O’Connor v Klotz, 124 AD3d 666, 666 [2015]; see…
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Kathleen Von Fricken, as Administratrix of Margaret E. Schaefer
v.
Laura Schaefer
Appellate Division of the Supreme Court of the State of New York.
Jun 18, 2014.
118 A.D.3d 871
Austin, Chambers, Leventhal, Mastro.
Published

In an action to recover upon an instrument for the payment of money only, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated April 3, 2013, as denied that branch of her motion which was to renew her opposition to the plaintiffs motion for summary judgment in lieu of complaint pursuant to CPLR 3213, which had been granted in an order of the same court dated May 29, 2012.

Ordered that the appeal is dismissed as academic in light of our determination of a companion appeal (see Matter of Von Fricken v Schaefer, 118 AD3d 869 [2014] [decided herewith]), with costs to the defendant.

Mastro, J.P, Leventhal, Chambers and Austin, JJ., concur.