In the Matter of a Custody/Visitation Proceeding Under Article 6 of the Family Court Act. Corinne Frances B.

In the Matter of a Custody/Visitation Proceeding Under Article 6 of the Family Court Act. Corinne Frances B.
Motion No: M-1396
Slip Opinion No: 2019 NYSlipOp 69173(U)
Decided on April 30, 2019
Appellate Division, First Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



April 30, 2019

In the Matter of a Custody/Visitation

Proceeding Under Article 6 of the

Family Court Act.

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Corinne Frances B.,

Petitioner-Appellant, CONFIDENTIAL

v Docket Nos. V-10349/17

V-5270/18

Antwan M.,V-5270/18/18A

Respondent-Respondent.

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Anna Schissel, Esq.,

Attorney for the Child.

An appeal having been taken to this Court by petitioner-appellant from an Order of the Family Court, New York County (Docket No. V-10349/17), entered on or about March 8, 2018, which dismissed petitioner-appellant's petition with prejudice, and required that she not refile without first obtaining leave of court, And appeals having been taken to this Court by petitioner-appellant from three interim orders of the Family Court, New York County (Docket No. V-5270/18), entered on or about May 7, 2018,And petitioner-appellant, pro se, having moved for (1) leave to prosecute, as a poor person, the aforementioned appeals, for the assignment of counsel, and for related relief, (2)

consolidation of the appeals taken from orders issued under Docket Nos. V-05720/18 and V-10349/17, and an enlargement of time to perfect same, and (3) a stay of proceedings in Family Court pending hearing and determination of the consolidated appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of

consolidating all appeals from the orders under Docket Nos. V-05720/18, V-5270/18/18A and V-10349/17, to the extent that they have not already been consolidated by the order of this Court entered on September 13, 2018 (M-3078), and the time to perfect same is enlarged to the October 2019 Term, with no further enlargements to be granted (see 1250.9(f)(2) and (3)), and It is further ordered that the branch of the motion seeking leave to prosecute, as a poor person, the aforementioned appeals, for the assignment of counsel, and for related relief, is denied, with leave to renew upon defendant's submission of a detailed notarized affidavit, pursuant to CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (2), setting forth, inter alia, facts sufficient to establish appellant's indigence, and It is further ordered that that branch of the motion seeking a stay of Family Court proceedings pending hearing and determination of the appeals is denied. ENTERED: April 30, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Ellen Gesmer Anil C. Singh, Justices

M-1396