EFRAIM SHURKA, PLAINTIFF, v. JANE SHURKA, def-res

8393. EFRAIM SHURKA, PLAINTIFF, v. JANE SHURKA, def-res — ESTHER ZERNITSKY, Proposed Third-Party plf-ap — Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for ap — Garr and White, P.C., New York (Ira E. Garr of counsel), for res — Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered March 6, 2012, which granted defendant's motion to join appellant as a party to this matrimonial action and to require appellant to turn over defendant's proportionate share of payments on certain promissory notes, to pay to defendant plaintiff's support and other obligations pursuant to a September 10, 2008 pendente lite order, to provide certain discovery to defendant, and to surrender her passports, unanimously modified, on the law, to the extent of denying that part of the motion seeking to require appellant to surrender her passports and vacating that part of the order directing appellant to pay plaintiff's obligations under the pendente lite order, and remanding the matter for an evidentiary hearing consistent herewith, and otherwise affirmed, without costs.

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8393. EFRAIM SHURKA, PLAINTIFF, v. JANE SHURKA, def-res — ESTHER ZERNITSKY, Proposed Third-Party plf-ap — Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for ap — Garr and White, P.C., New York (Ira E. Garr of counsel), for res — Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered March 6, 2012, which granted defendant’s motion to join appellant as a party to this matrimonial action and to require appellant to turn over defendant’s proportionate share of payments on certain promissory notes, to pay to defendant plaintiff’s support and other obligations pursuant to a September 10, 2008 pendente lite order, to provide certain discovery to defendant, and to surrender her passports, unanimously modified, on the law, to the extent of denying that part of the motion seeking to require appellant to surrender her passports and vacating that part of the order directing appellant to pay plaintiff’s obligations under the pendente lite order, and remanding the matter for an evidentiary hearing consistent herewith, and otherwise affirmed, without costs.

Appellant was not entitled to an automatic stay of the proceedings pursuant to CPLR 321(c), because counsel withdrew pursuant to a voluntary discharge (Sarlo-Pinzur v. Pinzur, 59 AD3d 607, 608 [2d Dept 2009]). Nor do we see any basis in the record for remanding this matter to another Justice.

EFRAIM SHURKA, PLAINTIFF, v. JANE SHURKA, def-res

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