Appellate Division: Second Judicial Department

M289284

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

REINALDO E. RIVERA

HELEN VOUTSINAS, JJ.

2023-01473 In the Matter of Merry Eriksson, plaintiff-respondent v Andrew Devlin, appellant-respondent; Eriksson D. (Anonymous), respondent-appellant. (Docket Nos. V-14-2020/202A, V-14-2020/2021B, O-10-2022, O-17-2021)

DECISION & ORDER ON MOTION ,

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated May 26, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Andrew Devlin and cross appeal by Eriksson D. from an amended order of the Supreme Court, Orange County (IDV Part), dated January 19, 2023. Motion by the appellant-respondent to stay enforcement of the order, pending hearing and determination of the appeal and cross appeal, and to relieve assigned counsel and for the assignment of new counsel to prosecute the appeal. The following named attorney was assigned as attorney for the appellant-respondent by the Supreme Court, Orange County:

Legal Aid Society of Orange County

Box 328

Goshen, NY 10924

845-562-1333

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order is denied; and it is further,

ORDERED that the branch of the motion which is to relieve assigned counsel and assign new counsel is granted, and said attorney for appellant-respondent is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Steven Feinman

One North Broadway, Ste. 412

White Plains, NY 10601

914-949-8214

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that the appeal and cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, who are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Supreme Court, and the clerk of the Supreme Court shall furnish one of such certified transcripts to the attorney for the appellant-respondent, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Supreme Court and one transcript shall be delivered to the attorney for the appellant-respondent. The attorney for the appellant-respondent is directed to provide copies of said transcripts to all of the other parties to the appeal and cross appeal, when the attorney for the appellant-respondent serves a brief upon those parties; and it is further,

ORDERED that the filing fee is waived; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal and cross appeal are taken.

CONNOLLY, J.P., BRATHWAITE NELSON, RIVERA and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court