Appellate Division: Second Judicial Department

M109443

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2009-09060, 2009-09062 In the Matter of Ryan Adams, respondent, v Alecia Bracci, appellant. (Docket No. F-03846-08)

DECISION & ORDER ON MOTION

Appeals by Alecia Bracci from two orders of the Family Court, Orange County, dated June 9, 2009, and July 6, 2009. By order to show cause dated August 25, 2010, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated October 22, 2009. Motion by the appellant, in effect, for poor person relief, for the assignment of counsel, to enlarge the time to perfect the appeals, to take judicial notice of a certain motion filed in the Family Court, Orange County, and, in effect, to hold the appeals in abeyance pending determination of that motion.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeals is denied; and it is further,

ORDERED that the branch of the appellant's motion which is for leave to prosecute the appeals on the original papers is denied as unnecessary (see Family Ct Act § 1116), and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the children, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeals is granted, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeals is enlarged until January 20, 2011; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branches of the appellant's motion which are to waive the filing fee, for free transcripts, for the assignment of counsel, to take judicial notice of a certain motion filed in the Family Court, Orange County, and, in effect, to hold the appeals in abeyance pending determination of that motion are denied.

MASTRO, J.P., COVELLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court