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AFFIDAVIT OF SERVICE

STATE OF NEW YORKCOUNTY OF SUFFOLKFAMILY COURT

NOTICE OF PROOF SERVICE BY UNITED STATES POSTAL SERVICE

PLEASE TAKE NOTICE Winona Mae Palmiotti Marzocco, Name of Person Serving Document'sNOTICE OF APPEAL UNDER DOCKET NUMBER V-17642-09 and resides at:

218 Coul Street Mansfield Ohio 44902

That on September 15, 2011 Deponent served the within UNITED STATES POSTAL SERVICE OnSeptember 15 , 2011 Date of Mailing/Personal Service:

TAYLOR WALKER, ESQ located at 260 Jericho Turnpike New York 11590Name of other Party or Attorney for other Party, Address of other Party or Attorney for other Party

By depositing a True Copy of the same enclosed in a postpaid properly addressed envelope in a postoffice or official depository under the exclusive care and custody of the UNITED STATES POSTALSERVICE

Winona Mae Palmiotti Marzocco







That on September 15, 2011 Deponent served the within UNITED STATES POSTAL SERVICE OnSeptember 15 , 2011 Date of Mailing/Personal Service:

MICHELE PILO, ESQ located at 320 Carleton Avenue New York 11722Name of other Party or Attorney for other Party, Address of other Party or Attorney for other Party









That on September 15, 2011 Deponent served the within UNITED STATES POSTAL SERVICE OnSeptember 15 ,2011 Date of Mailing/Personal Service:

SUFFOLK COUNTY ATTORNEY'S OFFICE, located at 400 Carleton Avenue New York 11722Name of other Party or Attorney for other Party, Address of other Party or Attorney for other Party




&—'

FAMILY COURT : STATE OF NEW YORK COUNTY OF SUFFOLK

IN THE MATTER OF WINONA ROSAPISCITELLI

A CHILD UNDER EIGHTEEN YEARS OFAGE CUSTODY/VISITATION

NOTICE OF APPEALDOCKET NO # V-17642-09

WINONA MAE PALMIOTTIMARZOCCO ,Plaintiff/ Defendant -APPELLANT

V.

PAOLO PISCITELLI

§§§ NO§ DO§§§§

A/K/A PAUL PISCITELLI,

Defendant

SIRS:PLEASE TAKE NOTICE that the Plaintiff/ Defendant - Appellant,

Winona Mae Palmiotti Marzocco, hereby appeals to the Appellate division, SecondDepartment, from the order of the Honorable JAMES F. QUINN , Honorable DAVIDFREUNDLICH, Family Court of New York, County of Suffolk, Under Docket NumberV-17642-09 , dated and in the in the office of the Clerk of the Family Court on September27 , 2010 and August 22 , 2011 and September 7 , 2011 from each and every part thereof.Date September 13, 2011

Your ,"^^^^

Winona Mae Palmiotti Marzocco218 Coul Street

Mansfield Ohio 44902Tel #(419) 295-0731

Email ^OonRlOlO^fyncn l-QO/h

TO : THE CLERK OF THE COURTFAMILY COURT, SUFFOLK COUNTY

TAYLOR WALKER, ESQATTORNEY'S FOR PAOLO PISCITELLIA/K/A PAUL PISCITELLI Plaintiff/ Defendant260 Jericho TurnpikeWestbury New York 11590

MICHELE PILO, ESQ320 Carleton Avenue Suite 3800Central Islip New York 11722LAW GUARDIAN

SUFFOLK COUNTY ATTORNEY'S OFFICEATTORNEY FOR RESPONDENT400 Carleton AvenueCentral Islip New York 11722

T 471 —Notice of Appeal. «r J U L I U S BLUMacftG. INC., LAW BLANK P U B L I S H E R S

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PLEASE TAKE NOTICE, tfiat tie aiove named

from dieCourtof the Clerk of said Court

on the

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NOTICE OF APPEAL

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this action, entered in the office

///A

from each and every part thereof.Dated:

Yours, etc.,

Attorney(s) for and Appellant

To

at ifyz J^iate at

Form A - Request for Appellate Division Intervention - CivilSee § 670.3 of the rules of this court for directions on the use of this form (22 NYCRR 670.3).

Case Title: Set forth the title of the case as it appears on the summons, notice of petition ororder to show cause by which the matter was or is to be commenced, or as amended.

/ V i 5i

/

For Court of Original Instance

Data Notice of Appoal Filad

For Appellate Division

Case Type u Transfen-ed ProceedingQ CPLR 5704 ReviewQ Appeal

Q Original Proceeding3 Civil Action3 CPLR article 75 Arbitration

| Q CPLR article 78 ProceedingQ Special Proceeding OtherD Habeas Corpus Proceeding

3 1 Freedom of Information Law412 Human Rights• 3 Licenses3 4 Public Employment«5 Social Servicesi6 Other

\. Business&"OthsrRelationships

1 1 Partnership/Joint Venture1 2 Business13 Religious14 Not-for-ProfhI 5 Other

I 1 Brokerage2 Commercial Paper3 Construction4 Employment5 Insurance6 Real Property7 Sales8 Secured9 Other

Q 1 AdoptionQ 2 Attorney's FeesQ 3 Children - Support9 4 Children - Custody/VisitationQ 5 Children - Terminate Parent-

al RightsQ 6 Children - Abuse/NeglectQ 7 Children - JD/PINSQ 8 Equitable DistributionQ 9 Exclusive Occupancy of

ResidenceQ 10 Expert's FeesQ 11 Maintenance/AlimonyQ 12 Marital StatusQ 13 PaternityQ 14 Spousal SupportQ15 Other

Q 1 Discipline

Q 2 Jail Time CalculationQ3 Parole

Q 4 Other

G.Q 1O 2Q 3O 4Q5Q 6O 7OSO 9O 10

O 11

CondemnationDetermine TitleEasementsEnvironmentalLiensMortgagesPartitionRentTaxationZoningOther

Q 1 Assault, Battery, FalseImprisonment

Q 2 ConversionQ 3 Defamation£ 4 FraudQ 5 Intentional Infliction of

Emotional DistressQ 6 Interference with ContractQ 7 Malicious Prosecution/

Abuse of ProcessQ 8 MalpracticeQ 9 NegligenceQ 10 Nuisanced 11 Products LiabilityQ 12 Strict Liability• 13 Trespass and/or WasteQ14 Other

E. Miscellaneous H. Statutory J. Wills & EstatesD 1 Constructive TrustO 2 Debtor & CreditorQ 3 Declaratory JudgmentQ 4 Election LawQ 5 Notice of ClaimQ6 Other

Q 1 City of Mount VemonCharter §§120, 127-f, or129

Q 2 Eminent Domain Proced-ure Law § 207

Q 3 General Municipal Law§ 712

Q 4 Labor Law i 220Q 5 Public Service Law i § 128

or 170

Q 1 AccountingQ 2 DiscoveryQ 3 Probate/AdministrationQ 4 TrustsQ 5 Other

Paper Appealed From (check one only):

Q Amended Decree Q DeterminationQ Amended Judgment Q FindingQ Amended Order J Interlocutory Decree

Q Decision Q Interlocutory Judgment

Q Decree Q Judgment

Q OrderQ Order & JudgmentQ Partial DecreeQ Resettled DecreeQ Resettled Judgment

Q Resettled Order

Q Ruling

Q Other (specify):

Court: County:

Dated: . T / 7 / l l Entered: °[ f Z~7 / \Q t<Z /Z2 |j

Judge (name in full): Index No.: .- 09

Stage: • Interlocutory Q Final Q Post-Final Trial: Q Yes Q No If Yes: Q Jury Q Non-Jury

Prior Unperfected Appeal Information

Are any unperfected appeals pending in this case? • Yes Q No.covered by the annexed notice of appeal with the prior appeals? ANumber(s) of any prior, pending, unperfected appeals: 2OIO

If yes, do you intend to perfect the appeal or appealsYes Q No. Set forth the Appellate Division Cause

Original Proceeding

Commenced by: V Order to Show Cause 9' Notice of Petition • Writ of Habeas Corpus Date Filed: ^f | ^>

Statute authorizing commencement of proceeding in the Appellate Division:

Court:

Proceeding Transferred Pursuant to CPLR 7804(g)

County:

Judge (name in full):

Court:

Order of Transfer Date:

CPLR 5704 Review of Ex Parte Order

County:

Judge (name in full): Dated:

Description of Appeal, Proceeding or Application and Statement of Issues

Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requestedand whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant toCPLR 7804{g), briefly describe the object of the proceeding. If an application under CPLR 5704, briefly describe the nature of

t*eiston .The dourV (\c*

Amount:Issues:

If an appeal is from a money judgment, specify the amount awarded.Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review.

Issues Continued:

;-

;. • Use Form B for Additional Appeal Information

Party Information : jInstructions: Fill in the name of each party to the action or proceeding, one Examples of a 'party's original status include: plaintiff, defendant,name per line. If this form is to be filed for an appeal, indicate the status of the petitioner, respondent, claimant, defendant third-party plaintiff, third-partyparty in the court of original instance and his, her, or its status in this court, if defendant, and intervenor. Examples of a party's Appellate Division statusany. If this form is to be filed for a proceeding commenced in this court, fill in include: appellant, respondent, appellant-respondent, respondent-appellant,only the party's name and his, her, or its status in this court. petitioner, and intervenor.

No.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

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17

18

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Party Name

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Original Status

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Appellate Division Status

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Attorney InformationInstructions: Fill in the names of the attorneys or firms of attorneys for the provided.respective parties. If this form is to be filed with the notice of petition or order In the event that a litigant represents herself or himself, the boxto show cause by which a special proceeding is to be commenced in the marked "Pro Se" must be checked and the appropriate information for tha-Appellate Division, only the name of the attorney for the petitioner need be litigant must be supplied in the spaces provided.

Attorney/Firm Name: 3"»

Address: tftS .State: Zip: 1/72*7 Telephone No.:£3/-5££-

Attorney Type: Q Retained I Assigned Q Government Q Pro Se Q Pro Mac Vice

Party Or Parties Represented (set forth party numberls] from table above or from Form CK

Attorney/Firm Name:

Address: 2\ & C-OU\,

City: State: £> ic\ Zip: Telephone No.:

Attorney Type: Q Retained Q Assigned Q Government Pro Se Q Pro Hac Vice

Party Or Parties Represented (set forth party numberls] from table above or from Form CK

Attorney/Firm Name:

Address:

city: Q.efyVaA\ Hsli State: Zip: Telephone No.: 631 '853 "574 I

Attorney Type: Q Retained Q Assigned Government Q Pro Se Q Pro Hac Vice

'arty Or Parties Represented (set forth party numberlsl from table above or from Form CK

Attorney/Firm Name: (T\\g,Vllgl€l ^'o\Q

Address: 32.O £gr\e4or> , SuiieCity: State: IKJNf Zip: \\1Z2, Telephone No. :63/-Y3?- 2<j 50

Attorney Type: Retained Q Assigned Government Q Pro Se Q Pro Hac Vice

'arty Or Parties Represented (set forth party numberls] from table above or from Form CK

Attorney/Firm Name: Toy /or

Address: 3ee.tQ.ho

city: State: Zip: I 1^0 Telephone No.:

Attorney Type: Retained D Assigned Q Government Q Pro Se Q Pro Hac Vice9arty Or Parties Represented (set forth party numberls] from table above or from Form CK

Attorney/Firm Name:

Address:

City: State: Zip: Telephone No.:

Attorney Type: Q Retained U Assigned Q Government Q Pro Se Q Pro Hac Vice

arty or Parties Represented (set forth party numberls] from table above or from Form CK

Use Form C for Additional Party and/or Attorney Information

The use of this form is explained in § 670.3 of the rules of the Appellate Division, Second Department (22 NYCRR 670.3). Ifhis fonri is to be filed for an appealr place the required papers in the following order: (1) the Request for Appellate Divisionintervention [Form A, this document], (2) any required Additional Appeal Information Forms [Form B], (3) any required

Additional Party and Attorney Information Forms [Form C], (4) the notice of appeal or order granting leave to appeal, (5) aopy of the paper or papers from which the appeal or appeals covered in the notice of appeal or order granting leave to appeals or are taken, and (6) a copy of the decision or decisions of the court of original instance, it any.

Family Court r Suffolk CountyPRESENT: Hon. David Freundlich JFC _ ; _ _ ft

A I -fL-r~rG rfll/O/Tl , Petitioner

ORDERvs . Dkt# V-

, Respondent/ D- 'L ' • / / • • OCA:/ i ISC tier/ 1

X

Upon the reading and filing of the proposed Order to Show Cause and supporting papers in the above captionedmatter, and with due deliberation having been had, it is

ORDERED, that the proposed Order to Show Cause is hereby rejected and otherwise shall be returned,unsigned, for the following reason:

Petitioner lacks standing to commence this visitation proceeding. See, Alison D. v. Virginia 77 NY2d 651 (Ct. App.1991). Petitioner is neither a parent, grandparent or sibling of the subject child.

The allegations in the petition do not constitute the required "extraordinary circumstances" in a custody proceeding bya non-parent against a natural parent. Bennett v. Jeffries. 40 NY2d 543 (1976).

• The allegations in the petition are insufficient to establish petitioner's standing to seek grandparent visitation underDRL §72. The allegations do not demonstrate the existence of a significant relationship between the child/children and thepetitioner, and there are no circumstances presented in the present petition that would otherwise warrant equitableintervention by the court.

_ There is no showing that the courts of New York have jurisdiction under DRL sec. 76, 76-a or 76 -b [UCCJEA].Itippears that N.Y. is not the "home state" under the statute and/or mat substantial evidence is not located within this state .

j*__-There are insufficient factual allegations in the petition to warrant a hearing on custody or visitation. See, Johnson v.Sample. 273 AD2d 311, (2nd Dept, 2000); Wolfar v. Dame. 207 AD2d 898 (2nd Dept 1994 )

__!?-b.e allegations in the petition do not establish that circumstances have changed since the last order. Accordingly, nolearing is required. See, Goldberg v. Goldberg , 300AD2d 585 [2d Dept 2002]

-.-. The allegations in the petition, in particular, the allegations in paragraph " " are vague and conclusory, thereeing no specific facts, circumstances or incidents alleged. Specificity and details [including dates of all occurrences ] aresquired to determine whether judicial intervention for modification of custody/visitation is appropriate.

Enter

PRESENT: Kon. David Freundlich, J.F.C.

— x

Family Court : Suffolk County

. 7 >2QU

Petitioner

vsORDER

Dkt#//_

Respondent.

Upon the reading and filing of the proposed Order to Show Cause and supporting papers in the above captione<3matter, and with due deliberation having been had, it is

ORDERED, that the proposed Order to Show Cause is hereby rejected and otherwise shall be returned, unsigned,for the following reason:

_ Petitioner lacks standing to commence this visitation proceeding. See, Alison D. v. Virginia 77 NY2d 651 (Ct. App,1991). Petitioner is neither a parent, grandparent or sibling of the subject child.

_ The allegations in the petition do not constitute the required "extraordinary circumstances" in a custody proceeding bya non-parent against a natural parent. Bennett v. Jeffries, 40 NY2d 543 (1976).

_ The allegations in the petition are insufficient to establish petitioner's standing to seek grandparent visitation underDRL §72. The allegations do not demonstrate the existence of a significant relationship between the child/children and thepetitioner, and there are no circumstances presented in the present petition that would otherwise warrant equitableintervention by the court.

There is no showing that the courts of New York have jurisdiction under DRL sec. 76, 76-a or 76 -b [UCCJEAJ.ltappears that N.Y. is not the "home state" under the statute and/or that substantial evidence is not located within this state .

There are insufficient factual allegations in the petition to warrant a hearing on custody or visitation. See, Bauman v.Abbate, 43 AD3d 679(2nd Dept. 2008); McNally v. McNatly, 28 AD3d 526 (2nd Dept. 2006).

V The allegations in the petition do not establish that circumstances have changed since the last order. Accordingly, nohearing is required. See, Arcabascio v. Arcabascio, 48 AD3d 606 (2nd Dept. 2008).

/V The allegations in the petition are vague and conclusory, there being no specific facts, circumstances or incidentsalleged. Specificity and details [including dates of all occurrences] are required to determine whether judicial interventionfor modification of custody/visitation is appropriate.

X It is well established that "[o]ne who seeks to modify an existing order of custody and visitation is not automaticallyentitled to a hearing, but must make some evidentiary showing sufficient to warrant a hearing".A/offer of Simpson v.Ptaszynska, 41 A.D.3d 607, 836 N.Y.S. 2d 419 (2nd Dept. 2007).

JFCNotice: An appeal from this order, if appealable as of right or by permission, must be filed within the time period set forth in Family CourtAct §11 13

At a term of the Family Court of the State ofNew York, held in and for the County of Suffolkat Central Islip, New York on 5 44 f. ~f 201/

PRESENT: Hon. David Freundlich

ORDERDocket: //_

-against-

RespondentX

Upon the reading and filing of the proposed Writ of Habeas Corpus and the supportingpapers in the above captioned matter having been filed and presented to the undersigned forconsideration, and with due deliberation having been had, it is

ORDERED, that the proposed Writ of Habeas Corpus is hereby rejected and otherwise shallbe returned, unsigned, for the following reason:

The papers herein fail to demonstrate that the subject minor child is residing within and/orpresent within the State of New York. See, D.R.L. §70; C.P.L.R, §7002.

X, The papers herein fail to demonstrate that the subject minor child is illegally detained and/orthat circumstances are such that the issuance of a writ is required. See, Minella v. Amrein, 131A.D.2d 578 (2nd Dept 1987).

Pursuant to §1113 of the Family Court Act, "an appeal must be taken within 30 days of receipt of the orderby appellant in court, 35 days from the mailing of the order to the appellant by the clerk of the court, or 35days after service; by a party or law guardian upon the appellant, whichever is earliest."

PRESENT: Hon. David Freundlich

-agahist-

At a tenn of the Family Court of the State ofNew York, held in and for the County of Suffolkat Central Islip, New York on $£.p /•. / , 2011

Petitioner

Respondent

ORDER

Docket.: [/-/ 76q2 •*<*/// C

OCA:

Upon the reading and filing of the proposed Order to Show Cause and petition for contemptin the above captioned matter having been filed and presented to the undersigned for consideration,and with due deliberation having been had, it is

ORDERED, that the proposed Order to Show Cause and petition for contempt is herebyrejected and otherwise shall be returned, unsigned, for the following reason:

_ The applicant has failed to annex proof of service of the order or judgment upon the otherparty or to allege facts sufficient to establish actual knowledge of same by the other party. See,Police Benevolent Assn. of N. Y. State Troopers, Inc. V. Division ofN. Y.S. Police, 29 AD 3d 68

2006).

The application fails to contain (he notices required pursuant to Judiciary Law §756.

The order or judgment alleged to have been violated is equivocal and unclear. See,Cotter v.Brown 17AD 3d 587, (^DepL 2005).

The allegations in the petition are insufficient to warrant the imposition of punishment offine and\or imprisonment.

The allegations in the petition are vague and conclusory, there being no specific facts,circumstances or incidents alleged.

J. F. C.

Pursuant to §1113 of the Family Court Act, "an appeal must be taken within 30 days of receipt of the orderby appellant in court, 35 days from the mailing of the order to the appellant by the clerk of the court, or 35days after service by a party or law guardian upon the appellant, whichever is earliest."

At a Term of the Family Court of theState of New York, held in and forthe County of Suffolk at theCourthouse located at 400 CarletonAvenue, Central Islipt, New York, onthe /fr*day QJ , 2010,

P R E S E N T :

Hon. JAMES F. QUINN,Judge.

In the Matter of a Proceeding for CustodyPursuant to Article 6 of the Family Court Act

PAULPISCITELLI,

- against -Petitioner,

X

Final OrderDirecting Custody

Docket No. VI7642-09

WINONA MAE PALMIOTTI andSUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES,

Respondent.

The petitioner, Paul Piscitelli, having filed a petition seeking custody of the child,

Winona Piscitelli, whose date of birth is July 6, 2005;

And this matter having duly come on to be heard before this Honorable Court on

September 27,2010;

And the Court having heard the testimony of the petitioner in support of his petition;

And the respondent, Suffolk County Department of Social Services, having been

represented by Deputy County Attorney Jennifer Hass, Esq.;

And the child herein being represented by Attorney for the Child, Michele Pilo, Esq.;

And the respondent, Winona Mae Palmiotti, having refused to enter the Courtroom,

although present in the Courthouse;

And the Court having searched the statewide registry of orders of protection, the sex

offender registry and the Family Court's child protective records, and having notified the attorney

for the child, as well as the attorneys for the parties and the parties of the results of these

searches;

NOW, after examination and inquiry into the facts and circumstances of the case, it is

hereby

ORDERED, that custody of the child, Winona Piscitelli, is hereby awarded to the

petitioner, Paul Piscitelli; and it is further

ORDERED, that all orders entered into the neglect case involving the same child and

parties heard by this Court under Docket # N-16863-09 are hereby vacated; and it is further

ORDERED, that respondent-mother shall have such supervised visitation at EAC or with

a supervisor approved by the Attorney for the Child as may be agreed upon by Paul Piscitelli; and

it is further

ORDERED, that an Order of Protection issue directing the respondent, Winona Mae

Palmiotti, to stay away from the home and school of the child, Winona Piscitelli, and to stay

away from the home, business, place of employment of Paul Piscitelli, and that said Order of

Protection shall remain in effect for a period of two years from the date hereof; and it is further

ORDERED, that neither parent shall engage in disparaging remarks about each other to

the child, nor shall they discuss the case with the subject child.

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family court of new

court family court

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carleton avenue new

coul street mansfield

jericho turnpike new

suffolk county taylor

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