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2016 NY Slip Op 50352

Citation
2016 NY Slip Op 50352
Jurisdiction
New York (state)
Source
Official source

Full Text

1,771 chars
A third OSC was signed on Respondent's application on August 31, 2015.
Respondent asserted that she had applied for assistance from Catholic Charities, and that
additional financial assistance was pending. Respondent also stated she was an inpatient
at St. Luke's Hospital, and that she was seeking more time to make the payments due.
Annexed to Respondent's moving papers are: copies of a money orders for payments in
June and August 2015 totaling $1026.00; proof of a pending applications with HRA and
Catholic Charities; and documents supporting Respondent's statement that she was
admitted as an inpatient at St Luke's Hospital for treatment for renal failure and had left
the hospital only to make the OSC application in court. The motion was denied on the
September 10, 2015, return date, based on Respondent's failure to appear.

Respondent's daughter, Shaian M. Taylor, moved for a fourth OSC, on behalf of
Respondent, returnable September 21, 2015. She stated that Respondent remained
hospitalized for treatment, and sought an extension of time for the payment of the arrears.
When the court signed the OSC, the court noted that a possible referral to Adult
Protective Services (APS) may be appropriate. On the return date, the motion was
adjourned to October 19, 2015 for an APS determination. On October 19, 2015, the
motion was granted by the court (Stoller, J) to the extent of staying execution of the
warrant through October 30, 2015, for payment of $6,939.46 in arrears due through
October 2015. The order noted that Respondent had failed to appear and that APS had
closed her case. The order further noted it was without prejudice to Petitioner's claim for
attorneys' fees.

On October 20, 2015, Respondent appeared and moved for a fifth OSC. Respondent