Appellate Division: Second Judicial Department

M302160

E/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-03461 In the Matter of Arthur Waiters-Johannes III, respondent, v Laneka S. Brown, appellant. (Proceeding No. 1) In the Matter of Laneka S. Brown, appellant, v Arthur Waiters-Johannes III, respondent. (Proceeding No. 2) (Docket Nos. V-5998-2023, V-6192-2023)

DECISION & ORDER ON MOTION

Appeal by Laneka S. Brown from an order of the Family Court, Orange County, dated April 9, 2024. The appellant filed a brief on July 17, 2024, the attorney for the child filed a brief on October 3, 2022, and the respondent, Arthur Waiters-Johannes III, failed to timely file a brief in response thereto.

Now, on the Court's own motion,

ARTHUR WAITERS-JOHANNES III IS HEREBY ADVISED

A. that he has the right to the assistance of counsel on the appeal;

B. that if he is financially unable to retain counsel he may make an application to this Court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him;

C. that he has the right to forego the assistance of counsel and to respond to the appeal pro se; and

D. that unless within 60 days from the date of service of this decision and order on motion the respondent, Arthur Waiters-Johannes III, either responds to the appeal pro se or by retained counsel, or moves for the appointment of counsel to represent him, he shall be deemed to have waived his right to counsel on the appeal and it shall be heard and determined on the briefs of the appellant and the attorney for the child alone;

and it is further,

ORDERED that the appellant and the respondent's former counsel, Christopher E. Gurda, are directed to serve a copy of this decision and order on motion, together with copies of the briefs of the appellant and the attorney for the child upon the respondent, Arthur Waiters-Johannes III by one of the methods specified pursuant to CPLR 2103(b); and it is further,

ORDERED that the appellant and the respondent's former counsel, Christopher E. Gurda, shall file proof of such service with the Clerk of this Court within 20 days of the date hereof, via email at [email protected]; and it is further,

ORDERED that the time of the respondent, Arthur Waiters-Johannes III, to respond to the appeal pro se or by retained counsel, or to move for the assignment of counsel, is extended until 60 days after the date of service upon him of a copy of this decision and order on motion together with copies of the briefs of the appellant and the attorney for the child, and in the event that he fails to so respond to the appeal, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeal, the respondent, Arthur Waiters-Johannes III, shall be deemed to have waived his right to counsel, and the appeal shall be considered and determined solely on the briefs of the appellant and the attorney for the child, and the original record.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court