Appellate Division: Second Judicial Department

M281749

E/sl

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

JOSEPH A. ZAYAS, JJ.

2021-05294, 2021-08257 In the Matter of Ceasare Ramirez, respondent, v Stephanie E. Colon, appellant. (Docket No. V-2737-2020)

DECISION & ORDER ON MOTION

Appeals from an order of the Family Court, Queens County, dated May 24, 2021, and an amended order of the same court dated October 22, 2021. Motion by the appellant for poor person relief and the assignment of counsel with respect to the appeal from the amended order, to consolidate the appeals, and for leave to file a supplemental brief or reply brief with respect to the appeal from the amended order. By order to show cause dated January 10, 2022, the parties were directed to show cause before this Court why an order should or should not be made dismissing the appeals in the above-entitled proceeding on the ground that no appeal lies from an order issued upon the default of the appealing party and/or dismissing the appeal from the order as superseded by the amended order, the branches of the appellant's motion which were for poor person relief and the assignment of counsel with respect to the appeal from the amended order were granted, and the branches of the appellant's motion which were to consolidate the appeals and for leave to file a supplemental brief or reply brief with respect to the appeal from the amended order were held in abeyance in the interim.

Now, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the appellant's motion which are to consolidate the appeals and for leave to file a supplemental brief are granted, the appeals are consolidated, and on or before April 4, 2022, the appellant shall serve a supplemental brief raising additional points of argument with respect to the appeal from the amended order and upload a digital copy of the supplemental brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the respondent and the attorney for the child shall serve their respective briefs and upload digital copies of their respective briefs, with proof of service thereof, through the digital portal on this Court's website, on or before May 4, 2022.

BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court