Appellate Division: Second Judicial Department

M299695

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2023-10371 Kimberly Werner, appellant, v William Bench, respondent. (Index No. 2246/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 6, 2023. Renewed motion by the appellant pro se, for leave to prosecute the appeal as a poor person, for the assignment of counsel, to extend the time to perfect the appeal, and, in effect, to strike a document previously filed by the respondent. Separate motion by the appellant pro se to relieve assigned counsel for the children and to assign new counsel for the children.

Upon the papers filed in support of the motion by the appellant pro se for leave to prosecute the appeal as a poor person, for the assignment of counsel, to extend the time to perfect the appeal, and, in effect, to strike a document previously filed by the respondent and the papers filed in relation thereto, and upon the papers filed in support of the motion by the appellant pro se to relieve assigned counsel for the children and to assign new counsel for the children and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for the assignment of counsel is granted to the extent that pursuant to Judiciary Law § 35, the following named attorney is assigned as counsel to prosecute the appeal with respect to issues of custody and visitation:

Jennifer A. Arditi

69-06 Grand Avenue

Maspeth, NY 11378

718-426-0444

and that branch of the motion is otherwise denied; and it is further;

ORDERED that the branch of the motion which is to waive the filing fee and to proceed on the original papers is granted, the filing fee is waived, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties; the parties 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; a self-represented party who is unable to upload a digital copy of a brief, may file one original copy with the Clerk of this Court, by regular mail, with proof of service of one hard copy on the other party (22 NYCRR 670.9[a]); additionally, the appellant's assigned counsel is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the branch of the motion which is for free transcripts is granted to the extent that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings with respect to the issues of custody and visitation, if any, except for those minutes previously transcribed and certified; 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 appellant's assigned counsel, 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 appellant's assigned counsel; and that branch of the motion is otherwise denied. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted and assigned counsel shall prosecute the appeal with respect to custody and visitation 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 branch of the motion which is, in effect, to strike a document previously filed by the respondent is denied; and it is further,

ORDERED that the motion to relieve assigned counsel for the children and to assign new counsel for the children is denied; and it is further,

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

DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court