Appellate Division: Second Judicial Department

M242477

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-02625, 2017-03177 2017-08283, 2017-11491 In the Matter of Marquerite Camaiore, respondent, v Frank Farance, appellant. (Docket Nos. F-4307-13/13C, F-4307-13/13D, F-4307-13/13F, F-4307-13/13E)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to consolidate appeals from four orders of the Family Court, Queens County, dated January 24, 2017, February 23, 2017, June 27, 2017, and October 2, 2017, respectively, for leave to renew and reargue his prior motion, inter alia, to stay enforcement of the order dated January 24, 2017, pending hearing and determination of the appeal from that order, which was determined by decision and order on motion of this Court dated May 5, 2017, for poor person relief, for the assignment of counsel, and to enlarge the time to perfect the appeals. Separate motion by the appellant pro se, inter alia, to stay enforcement of the order dated October 2, 2017, and for poor person relief and the assignment of counsel with respect to the appeal from that order. Separate motion by the appellant pro se for poor person relief and the assignment of counsel with respect to the appeal from the order dated June 27, 2017.

Upon the papers filed in support of the motion, inter alia, to consolidate the appeals and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the other motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,

ORDERED that the branches of the motions which are 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 motion which is to enlarge the time to perfect the appeals is granted to the extent that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days of the date of this decision and order on motion, the appellant shall file in the office of the Clerk of this Court an affidavit or affirmation stating whether there are minutes of the Family Court proceedings to be transcribed for the appeals, if there are such minutes, whether the transcripts have been received, and indicating the date that the transcripts were received, or if the transcripts have not been received, stating that the transcripts have been ordered and paid for, the date thereof, and the date by which the transcripts are expected; if none of the actions described above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this decision and order on motion.

BALKIN, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.