AFFIDAVIT OF SERVICE

STATE OF NEW YORK COUNTY OF SUFFOLK FAMILY COURT

NOTICE OF PROOF SERVICE BY UNITED STATES POSTAL SERVICE PLEASE TAKE NOTICE Winona Mae Palmiotti Marzocco, Name of Person Serving Document's NOTICE 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 On September 15 , 2011 Date of Mailing/Personal Service: TAYLOR WALKER, ESQ located at 260 Jericho Turnpike New York 11590 Name 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 post office or official depository under the exclusive care and custody of the UNITED STATES POSTAL SERVICE

Winona Mae Palmiotti Marzocco 218 Coul Street Mansfield Ohio 44902

AFFIDAVIT OF SERVICE

STATE OF NEW YORK COUNTY OF SUFFOLK FAMILY COURT

NOTICE OF PROOF SERVICE BY UNITED STATES POSTAL SERVICE PLEASE TAKE NOTICE Winona Mae Palmiotti Marzocco, Name of Person Serving Document's NOTICE 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 On September 15 , 2011 Date of Mailing/Personal Service: MICHELE PILO, ESQ located at 320 Carleton Avenue New York 11722 Name 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 post office or official depository under the exclusive care and custody of the UNITED STATES POSTAL SERVICE

Winona Mae Palmiotti Marzocco 218 Coul Street Mansfield Ohio 44902

AFFIDAVIT OF SERVICE

STATE OF NEW YORK COUNTY OF SUFFOLK FAMILY COURT

NOTICE OF PROOF SERVICE BY UNITED STATES POSTAL SERVICE PLEASE TAKE NOTICE Winona Mae Palmiotti Marzocco, Name of Person Serving Document's NOTICE 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 On September 15 ,2011 Date of Mailing/Personal Service: SUFFOLK COUNTY ATTORNEY'S OFFICE, located at 400 Carleton Avenue New York 11722 Name 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 post office or official depository under the exclusive care and custody of the UNITED STATES POSTAL SERVICE

&'
Winona Mae Palmiotti Marzocco 218 Coul Street Mansfield Ohio 44902

FAMILY COURT : STATE OF NEW YORK COUNTY OF SUFFOLK

IN THE MATTER OF WINONA ROSA PISCITELLI A CHILD UNDER EIGHTEEN YEARS OF AGE CUSTODY/VISITATION WINONA MAE PALMIOTTI MARZOCCO , NOTICE OF APPEAL Plaintiff/ Defendant NO APPELLANT DOCKET NO # V-17642-09 DO V. PAOLO PISCITELLI 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, Second Department, from the order of the Honorable JAMES F. QUINN , Honorable DAVID FREUNDLICH, Family Court of New York, County of Suffolk, Under Docket Number V-17642-09 , dated and in the in the office of the Clerk of the Family Court on September 27 , 2010 and August 22 , 2011 and September 7 , 2011 from each and every part thereof. Date September 13, 2011 Your ,"^^^^ Winona Mae Palmiotti Marzocco 218 Coul Street Mansfield Ohio 44902 Tel #(419) 295-0731 Email ^OonRlOlO^fyncn l-QO/h

TO : THE CLERK OF THE COURT FAMILY COURT, SUFFOLK COUNTY TAYLOR WALKER, ESQ ATTORNEY'S FOR PAOLO PISCITELLI A/K/A PAUL PISCITELLI Plaintiff/ Defendant 260 Jericho Turnpike Westbury New York 11590

MICHELE PILO, ESQ 320 Carleton Avenue Suite 3800 Central Islip New York 11722 LAW GUARDIAN

SUFFOLK COUNTY ATTORNEY'S OFFICE ATTORNEY FOR RESPONDENT 400 Carleton Avenue Central Islip New York 11722

T 471 Notice of Appeal.

r JULIUS BLUMacftG. INC., LAW BLANK P U B L I S H E R S

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VS.

PacAo V\sc,A-V

NOTICE OF APPEAL

PLEASE TAKE NOTICE, tfiat tie aiove named

from die Court of the Clerk of said Court

on the

o/tie

this action, entered in the office

from each and every part thereof. Dated: Yours, etc.,

Attorney(s) for
To

and Appellant

at ifyz J^iate at

Form A - Request for Appellate Division Intervention - Civil

See 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 or order to show cause by which the matter was or is to be commenced, or as amended.

For Court of Original Instance

Data Notice of Appoal Filad

/ V i 5i

For Appellate Division

/
Case Type

3 Civil Action 3 CPLR article 75 Arbitration

| Q CPLR article 78 Proceeding Q Special Proceeding Other D Habeas Corpus Proceeding

Q Appeal Q Original Proceeding

u Transfen-ed Proceeding Q CPLR 5704 Review

3 1 412 3 34 5 i6

Freedom of Information Law Q 1 Adoption Q 2 Attorney's Fees Human Rights Q 3 Children - Support Licenses 9 4 Children - Custody/Visitation Public Employment Q 5 Children - Terminate ParentSocial Services al Rights Other Q 6 Children - Abuse/Neglect \. Business&"OthsrRelationships Q 7 Children - JD/PINS Q 8 Equitable Distribution 1 1 Partnership/Joint Venture Q 9 Exclusive Occupancy of 1 2 Business Residence 13 Religious Q 10 Expert's Fees 14 Not-for-Profh Q 11 Maintenance/Alimony I 5 Other Q 12 Marital Status Q 13 Paternity Q 14 Spousal Support I 1 Brokerage Q15 Other 2 Commercial Paper 3 Construction 4 Employment E. Miscellaneous D 1 Constructive Trust O 2 Debtor & Creditor Q 3 Declaratory Judgment Q 4 Election Law Q 5 Notice of Claim Q 6 Other

Q 1 Discipline

Q 2 Jail Time Calculation

Q3 Parole

Q 4 Other
G. Q 1 Condemnation O 2 Determine Title Q 3 Easements O 4 Environmental Q5 Liens Q 6 Mortgages O 7 Partition OS Rent O 9 Taxation O 10 Zoning O 11 Other

Q 1 Assault, Battery, False Imprisonment Q 2 Conversion Q 3 Defamation 4 Fraud Q 5 Intentional Infliction of Emotional Distress Q 6 Interference with Contract Q 7 Malicious Prosecution/ Abuse of Process Q 8 Malpractice Q 9 Negligence Q 10 Nuisance d 11 Products Liability Q 12 Strict Liability 13 Trespass and/or Waste Q14 Other J. Wills & Estates Q 1 Accounting Q 2 Discovery Q 3 Probate/Administration Q 4 Trusts Q 5 Other

5 Insurance
6 Real Property 7 Sales 8 Secured 9 Other

H. Statutory Q 1 City of Mount Vemon Charter 120, 127-f, or 129 Q 2 Eminent Domain Procedure Law 207 Q 3 General Municipal Law 712 Q 4 Labor Law i 220 Q 5 Public Service Law i 128 or 170

Paper Appealed From (check one only): Q Amended Decree

Q Amended Judgment Q Amended Order Q Decision

Q Determination
Q Finding J Interlocutory Decree Q Interlocutory Judgment

Q Decree
Court:

Q Judgment

Q Q Q Q Q

Order Order & Judgment Partial Decree Resettled Decree Resettled Judgment

Q Resettled Order

Q Ruling Q Other (specify):

County:

Dated:
Judge (name in full): Stage: Interlocutory Q Final

.T/7/ll
Q Post-Final

Entered:
Index No.:

[ f Z~7 / \Q t<Z /Z2 |j

.- 09

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. If yes, do you intend to perfect the appeal or appeals covered by the annexed notice of appeal with the prior appeals? A Yes Q No. Set forth the Appellate Division Cause Number(s) of any prior, pending, unperfected appeals: 2OIO

Original Proceeding Commenced by: V Order to Show Cause 9' Notice of Petition Writ of Habeas Corpus Statute authorizing commencement of proceeding in the Appellate Division: Proceeding Transferred Pursuant to CPLR 7804(g) Date Filed: ^f | ^>

Court:
Judge (name in full):

County: Order of Transfer Date: CPLR 5704 Review of Ex Parte Order

Court: Judge (name in full):

County: 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 requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 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
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court.

Examples of a 'party's original status include: plaintiff, defendant, petitioner, respondent, claimant, defendant third-party plaintiff, third-party defendant, and intervenor. Examples of a party's Appellate Division status include: appellant, respondent, appellant-respondent, respondent-appellant, petitioner, and intervenor.

No.

Party Name

Original Status

Appellate Division Status

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

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micLhele \\*,sq,.

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

Attorney/Firm Name: 3"

Address:
Attorney Type: Q Retained I Assigned

tftS .
State: Zip: 1/72*7 Telephone No.:3/-5Q Pro Mac Vice Q Government Q Pro Se

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

Attorney/Firm Name: Address: City: Attorney Type: Q Retained 2\ & C-OU\, State: > ic\ Zip: Q Assigned Q Government Telephone No.: 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

Attorney Type: Q Retained

State: Q Assigned

Zip:
Government

Telephone No.: 631 '853 "574 I 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,Vllgll

^'o\Q

Address:
City:

32.O gr\e4or>
Retained Q Assigned

, Suiie
State: IKJNf Zip: \\1Z2, Telephone No. :63/-Y3?- 2<j 50 Q Pro Hac Vice Government Q Pro Se

Attorney Type:

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

Attorney/Firm Name: Toy /or Address: 3ee.tQ.ho State: Retained D Assigned Zip: I 1^0 Q Government Telephone No.: Q Pro Hac Vice Q Pro Se

city:
Attorney Type:
9

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

Attorney/Firm Name: Address: City: Attorney Type: Q Retained State: U Assigned

Zip:
Q Government

Telephone No.: 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). If his fonri is to be filed for an appealr place the required papers in the following order: (1) the Request for Appellate Division intervention [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) a opy of the paper or papers from which the appeal or appeals covered in the notice of appeal or order granting leave to appeal s or are taken, and (6) a copy of the decision or decisions of the court of original instance, it any.

PRESENT: Hon. David Freundlich A I -fL-r~ rG rfll/O/Tl vs

JFC_

;_

Family Court r Suffolk County ft

, . ,

Petitioner ORDER Dkt# V-

/ D- 'L '// / i ISC tier/ 1

OCA:

Respondent
X

Upon the reading and filing of the proposed Order to Show Cause and supporting papers in the above captioned matter, 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 by a 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 under DRL 72. The allegations do not demonstrate the existence of a significant relationship between the child/children and the petitioner, and there are no circumstances presented in the present petition that would otherwise warrant equitable intervention 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].It ippears that N.Y. is not the "home state" under the statute and/or mat 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, 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, no learing 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, there eing no specific facts, circumstances or incidents alleged. Specificity and details [including dates of all occurrences ] are squired to determine whether judicial intervention for modification of custody/visitation is appropriate.

j*

Enter

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

x

Family Court : Suffolk County Petitioner

. 7 >2QU

vs

ORDER Dkt#//_
Respondent.

Upon the reading and filing of the proposed Order to Show Cause and supporting papers in the above captione<3 matter, 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 by a 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 under DRL 72. The allegations do not demonstrate the existence of a significant relationship between the child/children and the petitioner, and there are no circumstances presented in the present petition that would otherwise warrant equitable intervention 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.lt appears 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, no hearing 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 incidents alleged. Specificity and details [including dates of all occurrences] are required to determine whether judicial intervention for 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 automatically entitled 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).

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

At a term of the Family Court of the State of New York, held in and for the County of Suffolk at Central Islip, New York on 5 44 f. ~f 201/ PRESENT: Hon. David Freundlich ORDER Docket: //_ -againstRespondent
X

Upon the reading and filing of the proposed Writ of Habeas Corpus and the supporting papers in 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 Writ of Habeas Corpus is hereby rejected and otherwise shall be returned, unsigned, for the following reason: The papers herein fail to demonstrate that the subject minor child is residing within and/or present 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/or that circumstances are such that the issuance of a writ is required. See, Minella v. Amrein, 131 A.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 order by appellant in court, 35 days from the mailing of the order to the appellant by the clerk of the court, or 35 days after service; by a party or law guardian upon the appellant, whichever is earliest."

At a tenn of the Family Court of the State of New York, held in and for the County of Suffolk at Central Islip, New York on $.p /. / , 2011
PRESENT: Hon. David Freundlich

Petitioner

ORDER

-agahistRespondent

Docket.: [/-/ 76q2 *<*/// C

OCA:

Upon the reading and filing of the proposed Order to Show Cause and petition for contempt in 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 hereby rejected 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 other party 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 of fine 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 order by appellant in court, 35 days from the mailing of the order to the appellant by the clerk of the court, or 35 days after service by a party or law guardian upon the appellant, whichever is earliest."

At a Term of the Family Court of the State of New York, held in and for the County of Suffolk at the Courthouse located at 400 Carleton Avenue, Central Islipt, New York, on the /fr*day QJ , 2010,

PRESENT:
Hon. JAMES F. QUINN,

Judge.
X

In the Matter of a Proceeding for Custody Pursuant to Article 6 of the Family Court Act PAULPISCITELLI, Petitioner, - against WINONA MAE PALMIOTTI and SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent.

Final Order Directing Custody Docket No. VI7642-09

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.