Appellate Division: Second Judicial Department

M291893

AFA/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

2022-05659 David Ameneyro, respondent, v Perla Xochitl Hernandez, appellant. (Index No. 550353/2021)

DECISION & ORDER ON MOTION

2023-03446

David Ameneyro, respondent,

v Perla Xochitl Hernandez, appellant.

(Index No. 550353/2021)

Appeals from two orders of the Supreme Court, Kings County, dated June 16, 2022, and March 27, 2023, respectively. Motion by the appellant to consolidate the appeals, to assign counsel to represent her on the appeal from the order dated March 27, 2023, and, in effect, for leave to prosecute the appeal from the order dated March 27, 2023 as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branches of the motion which are to assign counsel to represent the appellant on the appeal from the order dated March 27, 2023, and, in effect, for leave to prosecute the appeal from that order as a poor person are granted, and the following named attorney is assigned to prosecute the appeal from the order dated March 27, 2023:

Carol Kahn

P.O. Box 1592

New York, NY 10028

212-744-7365and it is further,

ORDERED that the appeal from the order dated March 27, 2023, 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 Acting 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 Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when the appellant serves the appellant's brief upon those parties; and it is further,

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

ORDERED that the appellant shall prosecute the appeal from the order dated March 27, 2023, 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 appellant is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

CONNOLLY, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court