Matter of Marenfeld v Belinfante
Motion No: 2022-04714
Slip Opinion No: 2023 NY Slip Op 77766(U)
Decided on December 6, 2023
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292767

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2022-04714

In the Matter of Jeffrey Marenfeld, appellant,

v Randall Belinfante, et al., respondents.

(Docket No. V-21289-2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated August 24, 2020. Motion by the respondents Randall Belinfante and Anne Marie Belinfante to dismiss the appeal, inter alia, on the ground that the appeal was untimely taken, or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to assign counsel for the subject child.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before January 5, 2025, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross-motion is granted, and that pursuant to Family Court Act § 1120 the following named attorney is assigned as attorney for the child:

Peter A. Wilner

155-03 Jamaica Avenue

Jamaica, NY 11432

917-733-5932

and it is further,

ORDERED that the attorney for the child shall respond to 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 attorney for the child is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

DUFFY, J.P., FORD, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court