MATTHEW BURNS PLAINTIFF RESPONDENT APPELLANT v. WALTER BURKARD ESQ ATTORNEY FOR THE CHILDREN APPELLANT APPEAL NO (2022)

Supreme Court, Appellate Division, Fourth Department, New York.

MATTHEW A. BURNS, PLAINTIFF-RESPONDENT-APPELLANT, v. JENNIFER A. GRANDJEAN, DEFENDANT-APPELLANT-RESPONDENT. WALTER BURKARD, ESQ., ATTORNEY FOR THE CHILDREN, APPELLANT. (APPEAL NO. 5.)

640 Decided: November 18, 2022

PRESENT: SMITH, J.P., CENTRA, LINDLEY, CURRAN, AND WINSLOW, JJ.

MICHAEL STEINBERG, ROCHESTER, FOR DEFENDANT-APPELLANT-RESPONDENT. WALTER BURKARD, MANLIUS, ATTORNEY FOR THE CHILDREN, APPELLANT PRO SE. AFFRONTI, LLC, ROCHESTER (FRANCIS C. AFFRONTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law and in the exercise of discretion by denying in part those portions of plaintiff's February 14, 2020 amended order to show cause, March 16, 2020 order to show cause, June 18, 2020 order to show cause, August 31, 2020 order to show cause, and March 10, 2021 cross motion seeking to hold defendant in contempt or to modify the custody and visitation provisions of the amended judgment of divorce, vacating the first, second, fourth through eleventh, thirteenth through seventeenth and nineteenth ordering paragraphs in their entirety, vacating subparagraphs C, D, and E of the eighteenth ordering paragraph, and reducing the penalty to a total fine of $250 and counsel fees of $1,000, and as modified the order is affirmed without costs.

Same memorandum as in Burns v Grandjean ([appeal No. 1] — AD3d — [Nov. 18, 2022] [4th Dept 2022]).

Entered: November 18, 2022

Ann Dillon Flynn

Clerk of the Court

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